RAMESH CHANDER SINGH, DAILY WAGE DRIVER AND OTHERS Vs. UNION TERRITORY, CHANDIGARH ADMINISTRATION THROUGH ITS SECRETARY, ENGINEERING, CHANDIGARH ADMINISTRATION, UT CIVIL SECRETARIAT, SECTOR 9, CHANDIGARH AND OTHERS

JUDGEMENT

(1.) This OA has been filed under Section 19 of the Administrative Tribunals Act, 1985 seeking the following relief:

(2.) Averment has further been made in the OA that the applicants moved detailed representation through their Union on 11.4.2011, addressed to Respondent No. 1 (Annexure A-11), on the subject Regularization of Daily Wages and Work charged workers in different Departments in U.T. Chandigarh, inviting reference to Government of India's orders dated 13.7.1995 as well as Government of Punjab, Personnel Department Scheme on regularization of daily wage workers who have completed ten years service, as issued by the Punjab Government vide letter dated 18.3.2011 which was also attached, but no action has been taken by the respondent till date. The applicants also place reliance on judgment passed by the Hon'ble Punjab and Haryana High Court in case titled Baldev Singh v. State of Punjab, 1993 3 SCT 240 (Annexure A-14). It is claimed that the ratio of this judgment also covers the case of the applicants as the applicants are continuing as daily wage drivers for the last 18/123 years. The case of the applicants is also claimed to be covered pursuant to the recent order dated 18.3.2011 issued by the Government of Punjab/Personnel Wing, Chandigarh, vide which certain terms and conditions have been laid down for regularization of services of daily wage employees as one time measure. Consequently, in view of the orders passed by the Government of Punjab (Annexure A-1), case of the applicants being covered case as per recent orders dated 18.3.2011, respondents are bound to consider the case of the applicants for their regularization against the available post of Driver without taking into consideration the notified Recruitment Rules issued on 7.2.2007 (Annexure A-2) The applicants have challenged the vires of Notification dated 7.2.2007 promulgating rules called Engineering Department, Project Public Health Circle, Union Territory, Chandigarh Group D Field Staff, Recruitment Rules, 2007 (Annexure A-2) to the extent of inclusion of 50% promotion quota from Group D employees of Public Health with five years experience, which provision is ultra vires to the Constitution of India, as Group D employees working as Peon/Chowkidar/Waterman cannot perform the duties of Driver.

(3.) Interim relief was also sought on the plea that the respondent were proposing to promote one Sh. Ajmer Singh, working as Chowkidar in Public Health Division No. 3 as regular Driver. This contention was denied by the respondents at the hearing on 29.7.2011 and hence claim for interim relief was not pressed.