SAKEENA BIBI Vs. ANDAMAN AND NICCOBAR ADMINISTRATION

JUDGEMENT

(1.) KUMARI Sakeena Bibi and Smt. Laxmi are at present working as Gram Sevika on temporary basis. They were initially appointed as daily rated Mazdoor under the Administration by an order dated March 2, 1994. They were conferred temporary status with effect from September 1, 1993. They continued to work as Group -D staff while the Assistant Commissioner by his order dated July 26, 1995 appointed them as Gram Sevika considering their qualifications. On April 1, 2005, they made representation before the authorities for regularization of their appointment in the post of Gram Sevika. Such representation was not acceded to. They were being paid as daily rated mazdoor although they were discharging duties as Gram Sevika with effect from July, 1995. Getting no response from the authorities they applied before the learned Central Administrative Tribunal for a direction upon the respondent authorities to regularise their services in the post of Gram Sevika. The Administration opposed such prayer on the ground that they were working as Group -D staff. They were conferred with temporary status vide order dated March 12, 1994. Their appointments in the post of Gram Sevika were ad hoc appointments and as such they were not entitled to claim regularization. Moreover, they were given temporary status in Group -D post, and as such, they were not entitled to claim regularization in the post of Gram Sevika being a Group -C post.

(2.) THE learned Tribunal considered the rival contentions of the parties and held that their claim had no merit whatsoever. The Tribunal relied on a decision of the Apex Court in the case of State of Karnataka and Ors. v. Uma Devi 2006 (109) FLR 826 (SC) : 2006 (42) AIC 935 (SC).

(3.) MS . Shyamali Ganguly, learned Counsel appearing, for the applicants contended that their learned Tribunal overlooked the observations of the Apex Court in the case of Uma Devi (supra) as contained in Paragraphs 44, 45 and 53 thereof. In the said paragraphs, the Apex Court observed that the incumbents who were working more than 10 years on temporary and/or ail hoc basis the Government should find out ways and means to regularise them. Relying on such observation of the Apex Court Ms. Ganguly contended that we should refer the matter to the Government to find out ways and means to regualrise the appointment of the applicants in the post of Gram Sevika.