MAMONI BORAH Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. M.K. Choudhury, learned senior counsel, assisted by Mr. M. Sarma, learned counsel for the petitioner. Also heard Mr. R.K.D. Choudhury, learned Deputy Solicitor General of India, assisted by Ms. L. Devi, learned counsel representing all the respondents.

(2.) The petitioner by way of instituting the present proceedings has presented a challenge to an order dtd. 21/8/2012 issued by the Director, North Eastern Regional Institute of Water and Land Management (NERIWALM), by which the respondent No.3 Institute had revised the wages for casual workers and the petitioner was designated as a casual worker/staff of the Soil and Water Testing Laboratory. The petitioner has also prayed for a direction upon the respondent authorities, more particularly the respondent No.3, for regularization of her services in view of the long services rendered by her on contractual/casual basis in the Organization. The petitioner has further prayed for conversion of her service status from that of a casual worker to a temporary employee by passing appropriate order in the matter.

(3.) In pursuance to a walk in interview held, on 23/7/2005, the petitioner was appointed by the respondent No.3 in the post of Data Base Manager on contract basis at a consolidated pay of Rs.9650.00. The petitioner, on her such joining as a Data Base Manager, was placed in a project titled 'Prospective Plan preparation under Department of Rural Development under the control of P.S. to the Director'. The services of the petitioner was thereafter extended for a period of further 1(one) year by an order dtd. 27/7/2006. It is the case of the petitioner that she was regularly working in the Organization in various capacities. The pay of the petitioner was reduced w.e.f. December, 2010 from Rs.9650.00 per month to Rs.8450.00 for 25 days of work, i.e. @ Rs.338.00 per day, i.e. the wage as authorized for a non-matriculate casual worker, although she was initially recruited against a post for which Graduation was mandated as the minimum qualification. Thereafter, vide an order dtd. 21/8/2012, the petitioner was denoted as a casual worker and her services was proposed to be placed at the Soil and Water Testing Laboratory of the Institute with daily wages for regular work payable at 1/30th of the minimum Pay Scale plus Dearness Allowance as per Casual Labour Scheme of the Government of India, Department of Personnel and Training as outlined in the letters dtd. 23/1/2012 and 12/9/2008.