JAMNA DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) Applicant, Smt. Jamna Devi, pleads that she was engaged as part time Safai Karamchari w.e.f. 24.11.87 and with effect from 6.5.88 she was engaged on daily wages basis. This arrangement, however, came to be terminated in the year 1988 itself. Thereafter, she was made to work at times on daily wage basis and other part time basis from time to time (Ann. A/1). She continued to work with the. Respondent Department till the date her services were terminated} once again by verbal orders w.e.f. 20.6.1995. She filed CWP in the Honble High Court of Himachal Pradesh and under interim direction she was ordered to be reinstated though the writ petition came to be dismissed in the year 1997. She has been making representations to the Respondent Department for considering her for regularisation of her services but without any result (Annexure A/2). Mentioning other facts, she has prayed for a direction to the respondents that she be considered for regularization and consequential benefits on the basis off length of her service, the fictional breaks from time to time in her case be dispensed with and she be considered for equal pay for equal work. She seeks further direction to the respondents that she be given work on daily wage basis instead of part time basis.

(2.) Respondents through their detailed reply plead that at present there is no proposal to fill up vacant Group D posts by direct recruitment. These posts are first filled from amongst the surplus staff sponsored by the special cell of the Director General, Employment and Training and incase there is no surplus candidate available with them only then such vacancies can be filled through Employment Exchange. They deny that the applicant was engaged on daily wage basis, but admit that she has been working on part time basis though on some occasions work on daily wage basis was also taken from her. She has worked for about 3 months in the year 1988 and for about two months in the year 1990 on daily wage basis. They, however, admit that thereafter she has been continuously working as a part time worker till date and they have never given any notional breaks. She has been allowed to work under the directions of Honble High Court though the writ petition was dismissed on 22.9.1997. They plead that her services on the basis of her long service cannot be regularized. She was, however, called for interview for the post of Chowkidar fixed for 7.8.1998 alongwith other candidates in view of directions given by Central Administrative Tribunal dated 5.6.1997 in OA No. 1032/HP/96 in which some persons similarly placed like the applicant had come to the Tribunal. She was, however, not found -fit for the post of Chowkidar. They, however, have come out with a very clear plea that as and when recruitment to the vacant post of Group D is made in the Respondent - Department and if applicant applies, she will be considered according to the relevant rules, after being called for interview.

(3.) No rejoinder has been filed.