UNION OF INDIA Vs. NAGENDRA CHOWDHURY

JUDGEMENT

(1.) 1. Heard Mr. Ajay Tripathi, counsel for the petitioners (Union of India and its Agencies) and Mr. Gautam Bose, counsel appearing on behalf of Respondent No. 1.

(2.) THE writ petition is filed against the order dated 6.8.2004 passed by the Central Administrative Tribunal, Patna Bench, in O.A.No. 447 of 2002 filed at the instance of Respondent No. 1. By the impugned order respondent No. 1 who worked as casual typist in the All India Radio, Patna, before his removal from service on 1.10.2000 by a verbal order is directed to be re-engaged as casual typist and then to be accorded temporary status under the scheme framed by the Department of Personnel and Training on 10.9.1993 for regularisation of casual labour. According to the respondent, he was engaged to work as casual typist on 16.6.1992. Admittedly, the engagement was made without issuing any advertisement or following any known procedure for appointment of a Government employee. He does not possess even an appointment letter. However, according to his case, he worked from 16.6.1992 to 1.10.2000 when he was verbally asked not to come for work anymore. He made a representation before the departmental authorities to take him back in employment, but getting no reply he finally came to the Tribunal in the aforementioned O.A. Before the Tribunal he claimed the reliefs of regularisation in service and grant of temporary status mainly on the basis of the scheme of regularisation dated 1.9.1993. THE department filed its written statement raising a number of objections and contending that the respondent was not covered by the regularisation scheme.

(3.) MR. Tripathi submitted that the Tribunal failed to appreciate that the case of the respondent was not covered by the Scheme of regularisation and erred in directing for his regularisation. He invited our attention to Paragraph-5 of the regularisation scheme dated 1.9.1993 that contains the applicability clause. Paragraph-4 is as follows: Temporary Status i) Temporary status would be conferred on all casual labourers who are in employment on the date of issue of this O.M. and who have rendered a continuous service of at least one year, which means that they must have been engaged for period of at least 240 days (206 day's in the offices observing 5 day's week) ii) Such conferment of temporary status would be without reference to the creation/availability of regular Group 'D' posts. (iii) Conferment of temporary status on a casual labourer would not involve any change in his duties and responsibilities. The engagement will be on daily rates of pay on need basis. He may deployed anywhere within the recruitment unit/territorial circle on the basis of availability of work. (iv) Such causal labourers who acquire temporary status will not, however, be brought on the permanent establishment unless they are selected through regular selection process for group 'D' posts.