Delhi High Court
Lalita vs Union Of India And Anr. on 22 May, 1990
Equivalent citations: 1991 (20) DRJ 152
Bench: P K Vice-, D Chakrawrty
JUDGMENT
P.K. Kartha, Vice-Chairman
(1) The grievance of the applicant, who has filed this application under Section 19 of the Administrative Tribanals Act 1985. is that the respondents have not regularised her services w.e.f. 19-12-1988 despite the Fact that she bad been granted temporary status. She has also claimed arrears of pay and allowances for the period from 5-5-86, when she was granted temporary status by order dated 17-8-1988.
(2) The applicant was appointed as a Water woman/Casual Labourer on 26-4-1984 in the grade of Ra. 750-950 under Jhansi Division of the Central. Railway, under Chief Reservation Supervisor, Running Train Reservation, IRCA. New Delhi. By letter dated 24-4-1985, Running Train Reservation Control (Central Railway) having their officer in I.R.C.A. Building, State Entry Road, New Delhi, was sanctioned a permanent post of Waterman to serve drinking water to the staff employed under its control. To consider her suitability fur appointment as permanent Water woman, the applicant was directed by the respondents to undergo a physical fitness medical test which was conducted by the Divisional Medical Officer, Central Railway, Jhansi. She was declared fit for appointment as Water woman. She had been working in that capacity during the summer season every year from 1984 to date. She had been given the benefits of C.P. scales w.e.f. 19-12-1988 and she had been enjoying all the benefits of regular Group 'D' employees such as medical facilities, railway passes, etc. She has, however. not been regularised in the post of Waterman which already exists.
(3) The respondents have stated in their counter-affidavit that being a Casual Labourer, she is not entitled to be regularised. She has been employed only on seasonal basis for summer season, and that she is not entitled to regular appointment. There if, however, some contradiction in the stand of the respondents. At one place in the counter-affidavit, it has. been stated that "regular payment is being paid to her since granted regular status", that "she has been granted monthly-rated status therefore, her payment is being passed Rs. 750 in grade of Rs. 750-940 (R P S ), that -increment is given after completing the regular period of one year", and that "screening for regular appointment is being done after preparing seniority list of casual labourers". (Vide para 4. v, 4. xxi, 4. xii and xiii) At another place, the respondents have stated that "She is also not entitled to get other facilities, i e., medical facilities, pass etc., which arc given to regular employees", and that "Since she is not regular monthly rate casual labour, therefore, the Discipline & Appeal Rules, 196811 not applicable toher. (Vide para 4, v and 4. vii).
(4) We have carefully gone through the records of the case and have heard the learned counsel for both the parties. As the applicant has worked continuously from 26-4-1985 up-to-date as a Casual Labourer, she is entitled to be regularised on completion of 120 days' continuous working. The respondents have not disputed the fact that she has been granted temporary status w.e.f. 5-5-1986 (Vide Annexure A-l,p.ll of the paprr-book). In view of this, she is entitled to be considered for regularisation along with other eligible persons in accordance with the relevant rules and instructions on the subject.
(5) The respondents are under duty to do so in view of the decisions of the Supreme Court in Inderpal Yadav and Others v. Union of India and Others, 1985, S.C.C. (L & S), 526 and in Dakshin Railway Employees Union, Trivandrum Division v. Central Manager, Southern Railway and Others, 1987 (1) Atlt 432.
(6) We, therefores. order and direct that the respondents shall consider the suitability of the applicant for regularisation in accordance with the scheme prepared by thom pursuant to the directions of the Supreme Court in Inderpal Yadav's case. If sho is found suitable for regularisation, she should be appointed on a regular basis as Water woman against the existing pout within a period of three months from the date of communication of this order.We also hold that she should be paid the minimum of the pay scale of the post of water woman w.e.f. 5-5-2986, when she was given temporary statas. The arrears of pay and allowances on this account should be released to her within a period of three months from the date of communion ion of his order.
(7) The parties will bear their own costs.
