ALL J&K WORKERS UNION Vs. STATE OF J&K

JUDGEMENT

(1.) THIS petition has been filed in representative capacity by the employees of the erstwhile Government Transport Undertaking through their registered union, seeking quashment of communication no.FD/RTI/7/2010 dated 06.07.2010 and Government order no.59 -TR of 2003 dated 11.09.2003 rejecting their claim to pensionary benefits. Petitioners have also prayed for a Mandamus to direct the respondents to treat them as temporary employees of the erstwhile Government Transport Undertaking (for short GTU) and release all pensionary benefits in their favour as has been done in case of other employees of the GTU.

(2.) THE case of the petitioners is that they, having been appointed prior to 1976 initially on daily wage basis, were employees of the GTU, working against different Class IV posts, like Drivers, Conductors, Mechanics, Fitters, Cleaners, Bus Washers, and Sweepers etc. They were being paid dearness allowances as admissible under Government Rules in the same manner as was being paid to other staff employed in the GTU. It is further their case that they were also granted and extended all such benefits as were available to the regularly employed staff of the GTU, like, yearly casual leaves, medical leaves, holidays etc. It is further averred that on the basis of their length of such services, they had attained the status of temporary employees of the GTU and were entitled to be confirmed on their respective posts. However, before such eventuality would arise, the Government, vide order no.25 -TR of 1979 dated 27.03.1979, decided to place the services of the employees of the GTU at the disposal of the J&K State Road Transport Corporation (for short Corporation) established on 01.09.1976 in pursuance of the Central Road Transport Corporation Act. Prior to the aforesaid order dated 27.03.1979, with the establishment of the Corporation on 01.09.1976, all the employees of the GTU were treated to be on deputation to the Corporation. While so doing, the Government, in terms of the aforesaid order dated 27.03.1979, gave different options to the various categories of employees of the GTU.

(3.) IT is further averred in the petition that the petitioners represented to the Government and, after great persuasions, the Government issued Order no.38 -GR(TR) of 1986 dated 03.10.1986 whereby it was ordered that all temporary employees of erstwhile Government Transport Undertaking, who had opted for temporary service in the SRTC or those employees who had opted for Corporation service in the SRTC in pursuance of Government Order no.25/TR of 1979 dated 27.03.1979 shall be given fresh option. Reference to the contents of this order would be made later in this judgment. It would suffice to mention at this stage that the right to exercise option contemplated by the aforesaid Government order was again not extended to the petitioners. It is averred that the petitioners again represented to the Government. Meanwhile, the Government addressed communication dated 30.05.1989 to the Accountant General of the State, stating therein, inter alia, as under: