Central Administrative Tribunal - Cuttack
Ramesh Chandra Dash vs Dr. Santosh Kumar Kamila & Others on 5 May, 2022
1 O.A. No. 260/00203/2017 [with C.P.
172/2019 (arising out of RA 54/2019)
& C.P. 04/2020) & OA 799/2019
CENTRAL ADMINISTRATIVE TRIBUNAL
CUTTACK BENCH
O.A. No. 260/00203/2017
O.A. No.260/00799/2019
C.P.No. 260/172/2019
C.P.No. 260/4/2020
Reserved on: 21.04.2022 Pronounced on: 05.05.2022
Coram:
THE HON'BLE MR. DEVENDRA CHAUDHRY, MEMBER (A)
THE HON'BLE MR. SWARUP KUMAR MISHRA, MEMBER (J)
1. Rajendra Narayan Malla, aged about 26 years, S/o Late Purendra
Malla, working as Daily wage worker, R/o At - Netapur, PO-
Khorad, Via-Kadua Pada, Dist-Jagatsinghpur.
2. Urmila Barik, aged about 33 years, D/o Bhagaban Barik, working
as Daily Wage worker in Bhubaneswar GPOP, R/o At/PO-Deuli,
Via-Pickukuli, PS - Begunia, Dist- Khordha.
3. Reena Swain, aged about 24 years, D/o Sadananda Swain, working
as Daily Wage worker in Bhubaneswar GPO, R/o - Jharpada,
Bajarang Nagar, Plot No.658/3319, PO-Budheswari,
Bhubaneswar, Dist-Khorda.
4. Chittaranjan Rout, aged about 42 years, S/o Late Harish Chandra
Rout, working as Daily Wage worker in Bhubaneswar GPO, R/o
At-Kantapada, PO - Narangacha, Via-Ahiyas, Dist-Jajpur.
5. Sarat Chandra Nayak, aged about 48 years, S/o Sankar Nayak,
working as Daily Wage worker in Bhubaneswar GPO, R/o At-
Adalbad, PO-Mukundadaspur, Via-Pipili, Dist-Puri.
2 O.A. No. 260/00203/2017 [with C.P.
172/2019 (arising out of RA 54/2019)
& C.P. 04/2020) & OA 799/2019
6. Iqbal Khan, aged about 27 years, S/o Hekayat Khan, working as
Daily Wage worker in Bhubaneswar GPO, R/o At-Purbakhanda
(Part), PO/PS-Niali, Dist-Cuttack.
7. Gangadhar Sethi aged about 38 years, S/o Late Dhurba Sethi,
working as Daily Wage worker in Bhubaneswar GPO, R/o At-
Satakabad, PO-Biswanathpur, Via-Balipatna, Dist-Khordha.
8. Pravat Kumar Kar, aged about 43 years, S/o Late Duryadhan Kar,
working as Daily Wage worker in Bhubaneswar GPO, R/o
Nasikeswar, PO-Sisua, Via-Astaranga, Dist- Puri.
9. Purna Chandra Rout aged about 45 years, S/o Late Babaji Rout,
working as Daily Wage worker in Bhubaneswar GPO, R/o
Muraripur, PO-Benagadia, PS/Via-Khandapada, Dist-Nayagarh.
10. Mohan Nayak aged about 31 years, S/o Arata Nayak, working as
Daily Wage worker in Bhubaneswar GPO, R/o At/PO-Ramachandi,
via-Narangarh, Dist-Khurda.
11. Debiprasad Mohapatra aged about 32 years, S/o gopal Krishna
Mohapatra, working as Daily Wage worker in Bhubaneswar GPO,
R/o At/PO-Biraramachandrapur, Via- Satyabadi, Dist- Puri.
12. Ramesh Chandra Dash aged about 46 years, S/o Late Gobinda
Chandra Dash, working as Daily Wage worker in Bhubaneswar
GPO, R/o At/PO-Barimund, Via-Phulnkhara, Dist-Khurda.
13. Ranjubala Behera aged about 27 years, D/o Anata Charan Behera,
working as Daily Wage worker in Bhubaneswar GPO, R/o At-
Kantapada, PO-Sankhamari, Via-Baramba, Dist-Cuttack.
14. Jepuon Pradhan aged about 42 years, S/o Philman Pradhan,
working as Daily Wage worker in Bhubaneswar GPO, R/o
Badenajo, PO-Mallikapadi, Via-G.Udayagiri, Dist-Khandhamal.
15. Swarnalata Pradhan aged about 34 years. D/o Naran Pradhan,
working as Daily Wage worker in Bhubaneswar GPO, R/o
Banapur, PO-Sukal, Via-Satyabadi, Dist-Puri.
3 O.A. No. 260/00203/2017 [with C.P.
172/2019 (arising out of RA 54/2019)
& C.P. 04/2020) & OA 799/2019
16. Golabun Begam aged about 29 years, D/o Hakim Alli Sah, working
as Daily Wage worker in Bhubaneswar GPO, R/o Benapanjari, PO-
Tirimal, Via-Jatni, Dist-Khordha.
17. Chandra Sekhar Behera aged about 42 years, S/o Late
Damburdhar Behera, working as Daily Wage worker in
Bhubaneswar GPO, R/o Daradagram, PO-Sidheswarpur, Dist-
Jagatsinghpur.
18. Babita Panda aged about 32 years, D/o Hrusikesh panda, working
as Daily Wage worker in Bhubaneswar GPO, R/o Batanda, PO-
Kuha, Dist-Khordha.
19. Sanjukta Pradhan, aged about 33 years, D/o Shyamsunder
Pradhan, working as Daily Wage worker in Bhubaneswar GPO,
R/o Anugrahapur, PO/PS-Pipili, Dist.-Puri.
20. Smita Ojha aged about 21 years, D/o Balaram Ojha, working as
Daily Wage worker in Bhubaneswar GPO, R/o B.P.Colony, Unit-8,
Gopabandhu Nagar, Near Santoshi Maa Temple, Nayapalli, Dist-
Khurda.
21. Sanatan Das, aged about 34 years, C/o Narayan Das, working as
Daily Wage worker in Bhubaneswar GPO, R/o Unit-6, Bhimipur
Mouza, Plot-751, Aerodrome Area, Bhubaneswar, Dist.- Khurda.
22. Abhinash Sethi aged about 21 years, C/o Dukhishyam Sethi,
working as Daily Wage worker in Bhubaneswar GPO, R/o At/PO-
Binayakpur, Dist-Puri.
23. Brajakishore Jena aged about 22 years, S/o Profulla Kumar Jena,
working as Daily Wage worker in Bhubaneswar GPO, R/o
Naragoda, PO-Tamando, Dist-Khurda.
24. Santosh Kumar Maharana aged about 37 years, S/o Gobinda
Maharana, working as Daily Wage worker in Bhubaneswar GPO,
R/o Banpur (Kansari Sahi), PO-Sakhigopal, Dist. - Puri.
25. Shaikh Bardul Arefin aged about 24 years, S/o Shaikh Sakrulah,
working as Daily Wage worker in Bhubaneswar GPO, R/o Jadupur,
Dist-Khordha.
4 O.A. No. 260/00203/2017 [with C.P.
172/2019 (arising out of RA 54/2019)
& C.P. 04/2020) & OA 799/2019
26. Sunil Kumar Pradhan aged about 25 years, C/o Dinabandhu
Pradhan, working as Daily Wage worker in Bhubaneswar GPO,
R/o Pamasara, PO-Kairi, Dist.-Puri.
27. Subash Nayak aged about 39 years, S/o Purnachandra Nayak,
working as Daily Wage worker in Bhubaneswar GPO, R/o At/PO-
Athantar, Dist-Khordha.
28. Dilip Kumar Jena aged about 29 years, S/o Gopal Charan Jena,
working as Daily Wage worker in Bhubaneswar GPO, R/o
Naragada, PO/PS-Tamando, Dist.-Khordha.
29. Biranchi Narayan Das aged about 31 years, S/o Harihar Das,
working as Daily Wage worker in Bhubaneswar GPO, R/o
Lingipur, PO-Sisupalgarh, Dist-Khordha.
30. Amarendra Nath Sharma aged about 27 years, S/o Keshab
Chandra Nath, working as Daily Wage worker in Bhubaneswar
GPO, R/o At/PO-Rajnagar, Dist-Kendrapara.
31. Laxmidhar Dutta aged about 35 years, S/o Purnachandra Dutta,
working as Daily Wage worker in Bhubaneswar GPO, R/o At/PO-
Bishnupur, Dist-Puri.
32. Ramachandra Mohanty aged about 28 years, S/o Akadari
Mohanty, working as Daily Wage worker in Bhubaneswar GPO,
R/o Qr. No.81, Block No.-9, Type-III, Postal Colony, Unit-4,
Bhubaneswar, Dist-Khurda.
33. Jinat Biswal aged about 24 years, S/o Pramod Kumar Biswal,
working as Daily Wage worker in Bhubaneswar GPO, R/o
Pamitira, PO-Osakana, Via-Machagaon, Dist- Jagatsinghpur.
34. Bidyadhar Nayak, aged about 40 years, S/o Maguni Nayak,
working as Daily Wage worker in Bhubaneswar GPO, R/o
Bidharpur, PO-Bhusandpur, Dist-Khurda.
35. Laxmidhar Panda aged about 37 years, S/o Basanta Kumar panda,
working as Daily Wage worker in Bhubaneswar GPO, At/PO-
Khuntabandha, Via-Mandhatapur, Dist-Nayagarh.
5 O.A. No. 260/00203/2017 [with C.P.
172/2019 (arising out of RA 54/2019)
& C.P. 04/2020) & OA 799/2019
36. Anil Kumar Mohapatra aged about 36 years, S/o Gagan Chandra
Mohapatra, working as Daily Wage worker in Bhubaneswar GPO,
R/o Old Town, Badu Sahi, Bhubaneswar, Dist- Khurda.
37. Rakesh Kumar Mohanty aged about 30 years, S/o Pratap Kumar
Mohanty, working as Daily Wage worker in Bhubaneswar GPO,
R/o At/PO-Birtunga, Dist.-Puri.
38. Rabindra Sahoo, aged about 38 years, C/o Premananda Sahoo,
working as Daily Wage worker in Bhubaneswar GPO, R/o At-
Rathijema, PO/Via-Balakati, Dist-Khurda.
39. Sunil Kumar Pujapanda, aged about 25 years, S/o Chandrasekhar
Pujapanda, working as Daily Wage worker in Bhubaneswar GPO,
R/o At/PO-Old Town, Tala Bazar, Dist-Khurda.
40. Hrusikesh Baral aged about 34 years, S/o Mahendra Baral,
working as Daily Wage worker in Bhubaneswar GPO, R/o At/PO-
Taraboi, Via-Jatni, Dist-Khurda.
41. Srikanta Dalai aged about 29 years, S/o Damburdhar Dalai,
working as Daily Wage worker in Bhubaneswar GPO, R/o At/PO-
Gada Motari, Via-Delanga, Dist-Puri.
42. Rabindra Roula, aged about 35 years, S/o Kishore roula, working
as Daily Wage worker in Bhubaneswar GPO, R/o At/PO-
Tangarapali, Via-Butakumrada, Dist-Ganjam.
43. Basudev Mohanty, aged about 49 years, S/o Madhusudan
Mohanty, working as Daily Wage worker in Bhubaneswar GPO,
R/o At-Paikeswar, PO-Ohal, Via-Bamnal, Dist-Puri.
44. Pramod Rout, aged about 36 years, S/o Adhikari Rout, working as
Daily Wage worker in Bhubaneswar GPO, R/o At/PO-Taraboi, Via-
Jatni, Dist-Khurda.
45. Dinabandhu Pradhan, aged about 30 years, S/o Pranakrushna
Pradhan, working as Daily Wage worker in Bhubaneswar GPO,
R/o At/PO-Khandapara, Dist-Nayagarh.
6 O.A. No. 260/00203/2017 [with C.P.
172/2019 (arising out of RA 54/2019)
& C.P. 04/2020) & OA 799/2019
46. Ramesh Chandra Sethi, aged about 30 years, S/o Shyam Sethi,
working as Daily Wage worker in Bhubaneswar GPO, R/o At/PO-
Kainfulia, Via-Bhapur, dist-Nayagarh.
47. Trinath Behera, aged about 35 years, S/o Harekrushna Behera,
working as Daily Wage worker in Bhubaneswar GPO, R/o At/PO-
Jatni, Dist.-Khurda.
48. Bansidhar Mangaraj, aged about 54 years, S/o Shyamsundar
Mukhi, working as Daily Wage worker in Bhubaneswar GPO, R/o
At/PO-Sundarpada, Bhubaneswar, Dist-Khurda.
49. Swadhin Kumar Nayak, aged about 27 years, S/o Raj Kishore
Nayak, working as Daily Wage worker in Bhubaneswar GPO, R/o
At/PO-Similia, Dist-Jajpur.
50. Alok Kumar Das, aged about 30 years, S/o Netrananda Das,
working as Daily Wage worker in Bhubaneswar GPO, R/o At-
Kharibil, PO-Erancha, Dist-Cuttack.
51. Kartika Chandra Behera, aged about 30 years, S/o Pramod Behera,
working as Daily Wage worker in Bhubaneswar GPO, R/o At/PO-
Mendhasala, via-Jatni, Dist-Khurda.
52. Sarmistha Rath, aged about 24 years, D/o Sarat Kumar Rath,
working as Daily Wage worker in Bhubaneswar GPO, R/o At/PO-
Dakhina Radas, Via-Rench, Dist-Puri.
53. Sanket Kumar Bhoi aged about 30 years, S/o Kanhucharan Bhoi,
working as Daily Wage worker in Bhubaneswar GPO, R/o Qr. No.-
3, Type-II, Block-1, Unit-4, Postal Colony, Bhubaneswar, Khurda.
54. Sanjaya Sahoo aged about 26 yers, S/o Raghunath Sahoo, working
as Daily Wage worker in Bhubaneswar GPO, R/o At-Ranganisahi,
PO-Balakati, Dist.- Khurda.
55. Dinabandhu Behera, aged about 41 years, S/o Late Arjuna Behera,
working as Daily Wage worker in Bhubaneswar GPO, R/o At-
Tikarpada, PO-Kalyanpur Sasan, Dist-Khurda.
56. Bapi Prasad Sethi, aged about 26 years, S/o Govinda Chandra
Sethi, working as Daily Wage worker in Bhubaneswar GPO, R/o
7 O.A. No. 260/00203/2017 [with C.P.
172/2019 (arising out of RA 54/2019)
& C.P. 04/2020) & OA 799/2019
At/PO-Rangamatia (Talasahi), PO-Mancheswar, Bhubaneswar,
Dist-Khurda.
......Applicants (In OA 203/2017).
1. Rajendra Narayan Malla, aged about 26 years, S/o Late Purendra
Malla, working as Daily wage worker, R/o At - Netapur, PO-
Khorad, Via-Kadua Pada, Dist-Jagatsinghpur.
2. Urmila Barik, aged about 33 years, D/o Bhagaban Barik, working
as Daily Wage worker in Bhubaneswar GPOP, R/o At/PO-Deuli,
Via-Pickukuli, PS - Begunia, Dist- Khordha.
3. Reena Swain, aged about 24 years, D/o Sadananda Swain, working
as Daily Wage worker in Bhubaneswar GPO, R/o - Jharpada,
Bajarang Nagar, Plot No.658/3319, PO-Budheswari,
Bhubaneswar, Dist-Khorda.
4. Chittaranjan Rout, aged about 42 years, S/o Late Harish Chandra
Rout, working as Daily Wage worker in Bhubaneswar GPO, R/o
At-Kantapada, PO - Narangacha, Via-Ahiyas, Dist-Jajpur.
5. Sarat Chandra Nayak, aged about 48 years, S/o Sankar Nayak,
working as Daily Wage worker in Bhubaneswar GPO, R/o At-
Adalbad, PO-Mukundadaspur, Via-Pipili, Dist-Puri.
6. Iqbal Khan, aged about 27 years, S/o Hekayat Khan, working as
Daily Wage worker in Bhubaneswar GPO, R/o At-Purbakhanda
(Part), PO/PS-Niali, Dist-Cuttack.
7. Gangadhar Sethi aged about 38 years, S/o Late Dhurba Sethi,
working as Daily Wage worker in Bhubaneswar GPO, R/o At-
Satakabad, PO-Biswanathpur, Via-Balipatna, Dist-Khordha.
8. Pravat Kumar Kar, aged about 43 years, S/o Late Duryadhan Kar,
working as Daily Wage worker in Bhubaneswar GPO, R/o
Nasikeswar, PO-Sisua, Via-Astaranga, Dist- Puri.
8 O.A. No. 260/00203/2017 [with C.P.
172/2019 (arising out of RA 54/2019)
& C.P. 04/2020) & OA 799/2019
9. Purna Chandra Rout aged about 45 years, S/o Late Babaji Rout,
working as Daily Wage worker in Bhubaneswar GPO, R/o
Muraripur, PO-Benagadia, PS/Via-Khandapada, Dist-Nayagarh.
10. Mohan Nayak aged about 31 years, S/o Arata Nayak, working as
Daily Wage worker in Bhubaneswar GPO, R/o At/PO-Ramachandi,
via-Narangarh, Dist-Khurda.
11. Debiprasad Mohapatra aged about 32 years, S/o gopal Krishna
Mohapatra, working as Daily Wage worker in Bhubaneswar GPO,
R/o At/PO-Biraramachandrapur, Via- Satyabadi, Dist- Puri.
12. Ramesh Chandra Dash aged about 46 years, S/o Late Gobinda
Chandra Dash, working as Daily Wage worker in Bhubaneswar
GPO, R/o At/PO-Barimund, Via-Phulnkhara, Dist-Khurda.
13. Jepuon Pradhan aged about 42 years, S/o Philman Pradhan,
working as Daily Wage worker in Bhubaneswar GPO, R/o
Badenajo, PO-Mallikapadi, Via-G.Udayagiri, Dist-Khandhamal.
14. Swarnalata Pradhan aged about 34 years. D/o Naran Pradhan,
working as Daily Wage worker in Bhubaneswar GPO, R/o
Banapur, PO-Sukal, Via-Satyabadi, Dist-Puri.
15. Golabun Begam aged about 29 years, D/o Hakim Alli Sah, working
as Daily Wage worker in Bhubaneswar GPO, R/o Benapanjari, PO-
Tirimal, Via-Jatni, Dist-Khordha.
16. Babita Panda aged about 32 years, D/o Hrusikesh panda, working
as Daily Wage worker in Bhubaneswar GPO, R/o Batanda, PO-
Kuha, Dist-Khordha.
17. Sanjukta Pradhan, aged about 33 years, D/o Shyamsunder
Pradhan, working as Daily Wage worker in Bhubaneswar GPO,
R/o Anugrahapur, PO/PS-Pipili, Dist.-Puri.
18. Smita Ojha aged about 21 years, D/o Balaram Ojha, working as
Daily Wage worker in Bhubaneswar GPO, R/o B.P.Colony, Unit-8,
Gopabandhu Nagar, Near Santoshi Maa Temple, Nayapalli, Dist-
Khurda.
9 O.A. No. 260/00203/2017 [with C.P.
172/2019 (arising out of RA 54/2019)
& C.P. 04/2020) & OA 799/2019
19. Sanatan Das, aged about 34 years, C/o Narayan Das, working as
Daily Wage worker in Bhubaneswar GPO, R/o Unit-6, Bhimipur
Mouza, Plot-751, Aerodrome Area, Bhubaneswar, Dist.- Khurda.
20. Abhinash Sethi aged about 21 years, C/o Dukhishyam Sethi,
working as Daily Wage worker in Bhubaneswar GPO, R/o At/PO-
Binayakpur, Dist-Puri.
21. Brajakishore Jena aged about 22 years, S/o Profulla Kumar Jena,
working as Daily Wage worker in Bhubaneswar GPO, R/o
Naragoda, PO-Tamando, Dist-Khurda.
22. Santosh Kumar Maharana aged about 37 years, S/o Gobinda
Maharana, working as Daily Wage worker in Bhubaneswar GPO,
R/o Banpur (Kansari Sahi), PO-Sakhigopal, Dist. - Puri.
23. Shaikh Bardul Arefin aged about 24 years, S/o Shaikh Sakrulah,
working as Daily Wage worker in Bhubaneswar GPO, R/o Jadupur,
Dist-Khordha.
24. Sunil Kumar Pradhan aged about 25 years, C/o Dinabandhu
Pradhan, working as Daily Wage worker in Bhubaneswar GPO,
R/o Pamasara, PO-Kairi, Dist.-Puri.
25. Subash Nayak aged about 39 years, S/o Purnachandra Nayak,
working as Daily Wage worker in Bhubaneswar GPO, R/o At/PO-
Athantar, Dist-Khordha.
26. Dilip Kumar Jena aged about 29 years, S/o Gopal Charan Jena,
working as Daily Wage worker in Bhubaneswar GPO, R/o
Naragada, PO/PS-Tamando, Dist.-Khordha.
27. Biranchi Narayan Das aged about 31 years, S/o Harihar Das,
working as Daily Wage worker in Bhubaneswar GPO, R/o
Lingipur, PO-Sisupalgarh, Dist-Khordha.
28. Amarendra Nath Sharma aged about 27 years, S/o Keshab
Chandra Nath, working as Daily Wage worker in Bhubaneswar
GPO, R/o At/PO-Rajnagar, Dist-Kendrapara.
10 O.A. No. 260/00203/2017 [with C.P.
172/2019 (arising out of RA 54/2019)
& C.P. 04/2020) & OA 799/2019
29. Laxmidhar Dutta aged about 35 years, S/o Purnachandra Dutta,
working as Daily Wage worker in Bhubaneswar GPO, R/o At/PO-
Bishnupur, Dist-Puri.
30. Ramachandra Mohanty aged about 28 years, S/o Akadari
Mohanty, working as Daily Wage worker in Bhubaneswar GPO,
R/o Qr. No.81, Block No.-9, Type-III, Postal Colony, Unit-4,
Bhubaneswar, Dist-Khurda.
31. Jinat Biswal aged about 24 years, S/o Pramod Kumar Biswal,
working as Daily Wage worker in Bhubaneswar GPO, R/o
Pamitira, PO-Osakana, Via-Machagaon, Dist- Jagatsinghpur.
32. Bidyadhar Nayak, aged about 40 years, S/o Maguni Nayak,
working as Daily Wage worker in Bhubaneswar GPO, R/o
Bidharpur, PO-Bhusandpur, Dist-Khurda.
33. Laxmidhar Panda aged about 37 years, S/o Basanta Kumar panda,
working as Daily Wage worker in Bhubaneswar GPO, At/PO-
Khuntabandha, Via-Mandhatapur, Dist-Nayagarh.
34. Anil Kumar Mohapatra aged about 36 years, S/o Gagan Chandra
Mohapatra, working as Daily Wage worker in Bhubaneswar GPO,
R/o Old Town, Badu Sahi, Bhubaneswar, Dist- Khurda.
35. Rakesh Kumar Mohanty aged about 30 years, S/o Pratap Kumar
Mohanty, working as Daily Wage worker in Bhubaneswar GPO,
R/o At/PO-Birtunga, Dist.-Puri.
36. Rabindra Sahoo, aged about 38 years, C/o Premananda Sahoo,
working as Daily Wage worker in Bhubaneswar GPO, R/o At-
Rathijema, PO/Via-Balakati, Dist-Khurda.
37. Sunil Kumar Pujapanda, aged about 25 years, S/o Chandrasekhar
Pujapanda, working as Daily Wage worker in Bhubaneswar GPO,
R/o At/PO-Old Town, Tala Bazar, Dist-Khurda.
38. Hrusikesh Baral aged about 34 years, S/o Mahendra Baral,
working as Daily Wage worker in Bhubaneswar GPO, R/o At/PO-
Taraboi, Via-Jatni, Dist-Khurda.
11 O.A. No. 260/00203/2017 [with C.P.
172/2019 (arising out of RA 54/2019)
& C.P. 04/2020) & OA 799/2019
39. Srikanta Dalai aged about 29 years, S/o Damburdhar Dalai,
working as Daily Wage worker in Bhubaneswar GPO, R/o At/PO-
Gada Motari, Via-Delanga, Dist-Puri.
40. Rabindra Roula, aged about 35 years, S/o Kishore roula, working
as Daily Wage worker in Bhubaneswar GPO, R/o At/PO-
Tangarapali, Via-Butakumrada, Dist-Ganjam.
41. Basudev Mohanty, aged about 49 years, S/o Madhusudan
Mohanty, working as Daily Wage worker in Bhubaneswar GPO,
R/o At-Paikeswar, PO-Ohal, Via-Bamnal, Dist-Puri.
42. Pramod Rout, aged about 36 years, S/o Adhikari Rout, working as
Daily Wage worker in Bhubaneswar GPO, R/o At/PO-Taraboi, Via-
Jatni, Dist-Khurda.
43. Dinabandhu Pradhan, aged about 30 years, S/o Pranakrushna
Pradhan, working as Daily Wage worker in Bhubaneswar GPO,
R/o At/PO-Khandapara, Dist-Nayagarh.
44. Ramesh Chandra Sethi, aged about 30 years, S/o Shyam Sethi,
working as Daily Wage worker in Bhubaneswar GPO, R/o At/PO-
Kainfulia, Via-Bhapur, dist-Nayagarh.
45. Trinath Behera, aged about 35 years, S/o Harekrushna Behera,
working as Daily Wage worker in Bhubaneswar GPO, R/o At/PO-
Jatni, Dist.-Khurda.
46. Bansidhar Mangaraj, aged about 54 years, S/o Shyamsundar
Mukhi, working as Daily Wage worker in Bhubaneswar GPO, R/o
At/PO-Sundarpada, Bhubaneswar, Dist-Khurda.
47. Swadhin Kumar Nayak, aged about 27 years, S/o Raj Kishore
Nayak, working as Daily Wage worker in Bhubaneswar GPO, R/o
At/PO-Similia, Dist-Jajpur.
48. Alok Kumar Das, aged about 30 years, S/o Netrananda Das,
working as Daily Wage worker in Bhubaneswar GPO, R/o At-
Kharibil, PO-Erancha, Dist-Cuttack.
12 O.A. No. 260/00203/2017 [with C.P.
172/2019 (arising out of RA 54/2019)
& C.P. 04/2020) & OA 799/2019
49. Kartika Chandra Behera, aged about 30 years, S/o Pramod Behera,
working as Daily Wage worker in Bhubaneswar GPO, R/o At/PO-
Mendhasala, via-Jatni, Dist-Khurda.
50. Sarmistha Rath, aged about 24 years, D/o Sarat Kumar Rath,
working as Daily Wage worker in Bhubaneswar GPO, R/o At/PO-
Dakhina Radas, Via-Rench, Dist-Puri.
51. Sanket Kumar Bhoi aged about 30 years, S/o Kanhucharan Bhoi,
working as Daily Wage worker in Bhubaneswar GPO, R/o Qr. No.-
3, Type-II, Block-1, Unit-4, Postal Colony, Bhubaneswar, Khurda.
52. Sanjaya Sahoo aged about 26 yers, S/o Raghunath Sahoo, working
as Daily Wage worker in Bhubaneswar GPO, R/o At-Ranganisahi,
PO-Balakati, Dist.- Khurda.
53. Dinabandhu Behera, aged about 41 years, S/o Late Arjuna Behera,
working as Daily Wage worker in Bhubaneswar GPO, R/o At-
Tikarpada, PO-Kalyanpur Sasan, Dist-Khurda.
54. Bapi Prasad Sethi, aged about 26 years, S/o Govinda Chandra
Sethi, working as Daily Wage worker in Bhubaneswar GPO, R/o
At/PO-Rangamatia (Talasahi), PO-Mancheswar, Bhubaneswar,
Dist-Khurda.
......Applicants (In OA 799/2019).
VERSUS
1. Union of India, represented through Director General,
Department of Posts, Dak Bhawan, New Delhi - 110001.
2. Chief Postmaster General, Odisha Circle, Bhubaneswar, Dist-
Khurda.
3. Director Postal Services (BD & Mails), O/o Chief Postmaster
General, Odisha Circle, Bhubaneswar, Dist-Khurda-751001.
4. Senior Post Master, Bhubaneswar GPO, Bhubaneswar, Dist-
Khurda.
13 O.A. No. 260/00203/2017 [with C.P.
172/2019 (arising out of RA 54/2019)
& C.P. 04/2020) & OA 799/2019
5. Senior Superintendent, RMS (N.Division), Cuttack-753001.
......Respondents (In OA 203/2017).
1. Union of India, represented through Director General,
Department of Posts, Dak Bhawan, New Delhi - 110001.
2. Chief Postmaster General, Odisha Circle, Bhubaneswar, Dist-
Khurda.
3. Director Postal Services (BD & Mails), O/o Chief Postmaster
General, Odisha Circle, Bhubaneswar, Dist-Khurda-751001.
4. Senior Post Master, Bhubaneswar GPO, Bhubaneswar, Dist-
Khurda.
5. Senior Superintendent, RMS (N.Division), Cuttack-753001.
6. Senior Superintendent of Post Offices, Bhubaneswar Division,
Bhubaneswar, Dist- Khurda-751009.
......Respondents (In OA 799/2019).
1. Dr. Santosh Kumar Kamila, Chief Postmaster General, Odisha
Circle, Bhubaneswar, Dist-Khurda-751001.
2. Sanjaya Kumar Mohapatra, Senior Superintendent, RMS
(N.Division), Cuttack-753001.
3. Jubel Munda, Senior Post Master, Bhubanswar GPO,
Bhubaneswar-751001, Dist- Khurda.
4. K.L.D Patra, In-Charge, Business Post Centre, Bhubaneswar-
751001, Dist- Khurda.
......Alleged Contemnors (In CP 172/2019).
1. Dr. Santosh Kumar Kamila, Chief Postmaster General, Odisha
Circle, Bhubaneswar, Dist-Khurda-751001.
2. Sri Aditya Kumar Nayak, Senior Superintendent of Post Offices,
Puri Division, P.O. Puri H.O., Dist. Puri-752001.
14 O.A. No. 260/00203/2017 [with C.P.
172/2019 (arising out of RA 54/2019)
& C.P. 04/2020) & OA 799/2019
3. Sanjaya Kumar Mohapatra, Senior Superintendent, RMS
(N.Division), Cuttack-753001.
......Alleged Contemnors (In CP 04/2020).
For the applicant : Mr.S.Patra-1 & S.Rath, counsel (In OA
203/2017, CP 04/2020 & CP 172/2019).
: Mr. S.K.Ojha, counsel (In OA 799/2019)
For the respondents : Mr.S.Behera, counsel (In all the cases)
O R D E R
Swarup Kumar Mishra, JM:
Since the issues involved in all these cases are interlinked and intertwined, for the purpose of certainty and clarity, this common order is passed.
2. The applicants, 56 in number, have filed O.A. 203/2017 jointly praying inter alia as under:
"(a) The Original Application be allowed with Cost.
(b) The Orders dtd. 10.3.2017 and 15.3.2017 under Annexures A/7 & A/8 be quashed after declaring those are illegal.15 O.A. No. 260/00203/2017 [with C.P.
172/2019 (arising out of RA 54/2019) & C.P. 04/2020) & OA 799/2019
(c) Respondents be directed to treat the applicants as full time casual labourer and to give all benefits including regularisation of services w.e.f. completion of 240 days.
(d) Respondents be directed to pay the proper wage to the applicants in view of Notification under Annexure A/2 series and Annexure A/3 series and under Principle of equal pay for equal work along with arrears within a stipulated time.
(e) Pass any other order/orders may be passed giving complete relief to the applicants in the interest of justice and equity."
3. This Bench vide order dated 07.04.2017 while issuing notice as interim measure directed that status quo in respect of the applicants shall be maintained, which was again clarified vide order dated 26.04.2019. The applicants have filed C.P.No. 4/2020 seeking initiation of Contempt Proceeding against the alleged contemnors for their intentional and deliberate violation of the status quo orders dated 26.04.2019. The O.A. was heard and disposed of by this Bench on 22.08.2019.
4. The applicants filed RA No. 54/2019 seeking review of the orders dated 22.08.2019 in O.A. 203/2017. This Bench of the Tribunal while issuing notice in the RA vide order dated 15.11.2019 had directed status quo regarding engagement of the applicants shall be maintained. Thereafter, the applicants 16 O.A. No. 260/00203/2017 [with C.P. 172/2019 (arising out of RA 54/2019) & C.P. 04/2020) & OA 799/2019 have filed C.P. 172/2019 on 04.12.2019 alleging violation of the status quo order dated 15.11.2019 in RA 54/2019.
5. Thereafter, on 10.12.2019, the applicants have filed O.A. No. 799/2019 inter alia praying as under:
"(a) The Original Application be allowed with cost.
(b) The action of the authorities in not allowing the applicants to work which amounting t retrenchment be declared as illegal.
(c) The Letter dated 30.11.2019 under Annexure-9 series be quashed so far it relates to the applicants.
(d) Respondents be directed to reinstate the applicants with full back wages and other consequential benefits.
(e) Respondents be directed to pay compensation for unnecessary harassment to the poor applicants.
(f) Pass any other order/orders may be passed giving complete relief t the applicants in the interest of justice and equity."6. OA No. 203/2017
(i) This O.A., which was disposed of on 22.08.2019, was restored to file for fresh consideration and hearing vide order dated 29.01.2020 in RA 54/2019. The claim of the applicants (56 in number) are that they were working as casual worker under Bhubaneswar GPO, after being duly selected. They 17 O.A. No. 260/00203/2017 [with C.P. 172/2019 (arising out of RA 54/2019) & C.P. 04/2020) & OA 799/2019 perform duties for 8 hours daily, which include picking up of mail from the residence of the customers. They claim that they are working as full time casual worker as per the circular dated 17.5.1989, in support, they have enclosed a copy of the salary slip for one month at Annexure-A/1. It is stated that in spite of the circulars of the respondents (copy at Annexure A/4 and A/3 series) to pay the casual workers at the rate of minimum of the basic pay of the regular staffs, they are being paid at a less rate of Rs. 249/- per day. Hence, they submitted a representation dated 16.7.2016 (Annexure-A/5) and when no action was taken, the applicants filed the OA No. 930/2016 which was disposed of with direction to the respondents to dispose of the representation. In compliance of the direction of the Tribunal, the respondent no. 2 passed the order dated 10.3.2017 (Annexure-A/7) rejecting the representation dated 16.7.2016 and this order has been impugned in this OA. Further case of the applicants is that after rejecting their representation, the respondents have passed the order dated 15.3.2017 (Annexure-A/8) by which it has been decided that the workers are to be outsourced through agency to manage the work. The applicants are also aggrieved by this order dated 15.3.2017. Hence, this OA with the aforesaid reliefs.
18 O.A. No. 260/00203/2017 [with C.P.
172/2019 (arising out of RA 54/2019) & C.P. 04/2020) & OA 799/2019
(ii) Counter has been filed by the respondents stating that no casual worker has been engaged since 29.11.1989 and such engagement has been banned by the DG vide its circular dated 01.03.1993. In order to manage the work, on as and when required basis, outsiders are being engaged through the outsourcing agency as per the rules of the Ministry of Labour. The wages paid were Rs. 240/- till 9.3.2017 and, thereafter, it is being paid at the rate of Rs. 437/- per day. It is also stated that no recruitment process was followed while engaging them. It is further averred that they cannot be treated as casual workers of the department. Regarding the copy of salary slip at Annexure-A/1, it is stated that its source is not known to the respondents and the salary slip is issued to only the regular employees. The circulars referred at Annexure- A/3 and A/4 are applicable for the casual labourers with temporary status and these are not applicable to the applicants. As per the circular dated 29.11.1989 (Annexure-R/2), there is a complete ban on engagement of casual labourers. The department has decided to get the additional work done through the agencies to be selected through tender process vide order at Annexure-R/3 dated 8.6.2017.
19 O.A. No. 260/00203/2017 [with C.P.
172/2019 (arising out of RA 54/2019) & C.P. 04/2020) & OA 799/2019
(iii) Applicants have filed rejoinder denying the stand of the respondents more particularly the averment that they were not engaged after 13.12.2018. In support of the stand of the applicants that they were engaged monthly wages basis till April 2019 regularly for eight hours daily, they have placed copies of the bank account of some of the applicants. They have also cited the orders of this Tribunal. The applicants have also enclosed the OM dated 7.6.1988 of the DOPT which states that if the work entrusted to the casual workers is same as the work entrusted to regular employees, then they should be paid wages at the rate of 1/30th of pay at the minimum of the pay scale applicable for regular employees. The applicants claim to be doing the same work as the regular employees. It is stated that, as stated in the Counter, for the additional work, the department needs additional manpower and it is admitted that the applicants have been engaged as daily wagers. If there is a ban on appointment of casual worker, how the applicants have been engaged is not explained. It is sated that as per the Directorate letter dated 17.5.1989, the applicants are entitled to be declared as full time casual workers. It is also stated that the applicants have worked more than 240 days of work in a year. It is stated that although Annexure-A/1 does not have any signature of the 20 O.A. No. 260/00203/2017 [with C.P. 172/2019 (arising out of RA 54/2019) & C.P. 04/2020) & OA 799/2019 official, it has the signature of the applicants and it is a proof of their engagement. It is also stated that the issue of Tender notice to engage outsiders through an agency to be selected through tender, is arbitrary since the intention of the respondents is to oust the applicants, who are qualified persons and there is no justification to oust them, particularly when many of the applicants have become age barred. It is also stated that the judgment in the case of State of Karnataka vs. Uma Devi cited in the Counter is not applicable to the present case.
7. Learned counsel for the applicants submitted that applicants have been working in BPC, NSH, EPH and BNPL Centers in Bhubaneswar GPO since 1999 onwards. All the applicants are full time casual worker working eight hours a day. While they were continuing as such, they filed the O.A. and this Hon'ble Tribunal was pleased to pass the interim order to maintain the status on 07.04.2017, which was extended from time to time. The stand of the respondents is that the work entrusted to the applicant was intermittent in nature and number of days of working increases or decreases depending upon the volume of work is not correct. All the applicants have been working as casual workers on daily wage basis and received their wages through different 21 O.A. No. 260/00203/2017 [with C.P. 172/2019 (arising out of RA 54/2019) & C.P. 04/2020) & OA 799/2019 process, viz. ACG-17 before 2010 and by signing in plain Register on Revenue Stamp for the wages above Rs. 5000/- per month. After introduction of cashless system the wages were paid to the applicant through their post office SB Account opened with BBSR GPO through RTGS since 5.8.2017. The applicants were engaged by the Sr. Postmaster BBSR GPO with the full knowledge of Sr. Supt. of Post Offices, BBSR Division. It has been stated that sanctioned post is not required to treat the applicants as full time casual labourers. Respondent No.2 vide letter No. D.O.No.ML/2-121/2013 dated 11.12.2014 intimated regarding redeployment of posts of Sorting Assistant in NSH, ICH Cuttack and BNPL BBSR. In reply to the aforesaid letter, the Supt. RMS 'N' Division Cuttack dated 16.12.2014 intimated the position of the sanctioned post in different offices and, thus, it can be safely concluded that the continuance of the applicant was as against the said vacant posts but on casual basis. As per the settled position of law, continuance for a long period against sanctioned post presupposes the need of the hand and, therefore, the casual worker is entitled to be regularized. All the applicants had already completed 240 days in a calendar year long since having requisite educational qualification they have been discharging regular nature of work at par with 22 O.A. No. 260/00203/2017 [with C.P. 172/2019 (arising out of RA 54/2019) & C.P. 04/2020) & OA 799/2019 the regular employees of the department and, thus, are entitled to be treated as full time casual workers so as to be conferred with temporary status and regularization as per the DoPT instruction issued from time to time. The applicants' case fully covered and governed by the case of the applicant in O.A. 805/2015 and, therefore, the applicants are entitled to the relief sought in this O.A.
8. On the other hand, Learned counsel for the respondents has submitted that Business Post Centre (BPC), National Speed Post Hub (NSH), Book Now Pay Later (BNPL) and Express Parcel Hub EPH) are the new concept introduced in the Department of Posts to deal with the business and speed post articles, there are no permanent establishment to man such formation as these came into existence out of new concepts. At the beginning it was implemented with the support of the existing establishment. Subsequently, keeping in view the existing claim of the workload, some departmental staffs were deployed which was proportionally very less in comparison to the volume of works. Such work were being carried out under the supervision of the Sr. Postmaster, BBSR General Post Office under the administrative jurisdiction of Sr. Supt. of Post offices, BBSR and Sr. Supt. Railway Mail Service, 23 O.A. No. 260/00203/2017 [with C.P. 172/2019 (arising out of RA 54/2019) & C.P. 04/2020) & OA 799/2019 RMS 'N' Division, Cuttack as per the DGP &T letter dated 01.03.1993 there is complete ban on engagement of fresh casual labourers n central government establishment w.e.f. 29.11.1989. Therefore, no fresh casual labourers can be engaged after the cut of date. In the circumstances, some outsiders are engaged to carry out the time bound work on daily wage basis as and when required on payment of minimum wages in terms of the Wages Act, 1948 revised from time to time. Such outsiders were engaged to attain intermittent spurt in work volume and there was no regular sanctioned post in establishment. The applicants cannot be construed as casual labourers by any stretch of imagination as they were neither engaged by following due process of recruitment as per Recruitment Rules nor their engagement was prior to the cut of date i.e. 29.11.1989. It has been stated that the engagement of the applicants were dispensed with to accommodate the staff of Postal Printing Press, which had to be closed down as per the policy decision of the Government. The applicants, who were working in Business Post Centre and Book Now Pay Later establishments are still continuing to carry out the work on daily wages. According to the respondents' counsel, the applicant were engaged to discharge the intermittent work and should not be treated to have 24 O.A. No. 260/00203/2017 [with C.P. 172/2019 (arising out of RA 54/2019) & C.P. 04/2020) & OA 799/2019 worked against a sanctioned post and, therefore, the claim of the applicants to treat them as full time casual labourers thereby regularization is unlawful. The respondents' counsels have also submitted that they have the highest regard to the order of the Tribunal and there was no violation of the direction/order of the Tribunal. Accordingly, Ld. Counsel for the respondents has prayed for dismissal of O.As. as well as C.P.
9. After giving thoughtful consideration to the arguments advanced by the respective parties, perused the documents placed in support thereof. It is not in dispute that the engagement of the applicants was after following due process of rules and/or after their names being sponsored by the Employment Exchange. Rather it has been admitted by the applicants that they were engaged on daily wage basis for eight hours for which they should be treated as full time casual workers entitling them for conferment of temporary status and subsequent regularization, however, this has been disputed by the respondents. Now, the moot question arises for consideration regarding the legal entitlement of the applicant for being conferred with temporary status and regularization even if it is held that the applicants are full time casual workers. In this regard, we would like to examine the point of law on the 25 O.A. No. 260/00203/2017 [with C.P. 172/2019 (arising out of RA 54/2019) & C.P. 04/2020) & OA 799/2019 above aspect. In State of Himachal Pradesh Vs. Suresh Kumar Verma, (1996 (1) SCR 972), a three Judge Bench of the Hon'ble Apex Court held that a person appointed on daily wage basis was not an appointee to a post according to Rules. On his termination, the Court could not issue a direction to re-engage him in any other work or appoint him against any existing vacancies. It has been further held that "it is settled law that having made rules of recruitment to various services under the State or to a class of posts under the State, the State is bound to follow the same and to have the selection of the candidates made as per recruitment rules and appointments shall be made accordingly. From the date of discharging the duties attached to the post the incumbent becomes a member of the services. Appointment on daily wage basis is not an appointment to a post according to the Rules." Their Lordships cautioned that if directions are given to re-engage such persons in any other work or appoint them against existing vacancies, the judicial process would become another mode of recruitment dehors the rules. In Ashwani Kumar and others Vs. State of Bihar and others (1996 Supp. (10) SCR 120), the Hon'ble Apex Court considering the validity of confirmation of the irregularly employed persons held that if the initial entry 26 O.A. No. 260/00203/2017 [with C.P. 172/2019 (arising out of RA 54/2019) & C.P. 04/2020) & OA 799/2019 itself is unauthorized and is not against any sanctioned vacancy, question of regularizing the incumbent on such a non-existing vacancy would never survive for consideration and even if such purported regularization or confirmation is given it would be an exercise in futility. In the case of Teri Oat Estates (P) Ltd. Vs. U.T., Chandigarh, (2004 (2) SCC 130) Hon'ble Apex Court held that sympathy or sentiment by itself cannot be a ground for passing an order in relation whereto the appellants miserably fail to establish a legal right. It is further trite that despite an extraordinary constitutional jurisdiction contained in Article 142 of the Constitution of India, this Court ordinarily would not pass an order which would be in contravention of a statutory provision.
Further, in the case of Union Public Service Commission Vs. Girish Jayanti Lal Vaghela & Others [2006 (2) SCALE 115], the Hon'ble Apex Court answered the question, who was a Government servant and stated as under:
"Article 16 which finds place in Part III of the Constitution relating to fundamental rights provides that there shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State. The main object of Article 16 is to create a constitutional right to equality of opportunity 27 O.A. No. 260/00203/2017 [with C.P. 172/2019 (arising out of RA 54/2019) & C.P. 04/2020) & OA 799/2019 and employment in public offices. The words employment or appointment cover not merely the initial appointment but also other attributes of service like promotion and age of superannuation etc. The appointment to any post under the State can only be made after a proper advertisement has been made inviting applications from eligible candidates and holding of selection by a body of experts or a specially constituted committee whose members are fair and impartial through a written examination or interview or some other rational criteria for judging the inter se merit of candidates who have applied in response to the advertisement made. A regular appointment to a post under the State or Union cannot be made without issuing advertisement in the prescribed manner which may in some cases include inviting applications from the employment exchange where eligible candidates get their names registered. Any regular appointment made on a post under the State or Union without issuing advertisement inviting applications from eligible candidates and without holding a proper selection where all eligible candidates get a fair chance to compete would violate the guarantee enshrined under Article 16 of the Constitution (See B.S. Minhas Vs. Indian Statistical Institute and others AIR 1984 SC 363)."
In State of Bihar Vs. Upendra Narayan Singh & others, (2009) 5 SCC 65, the Apex Court held that any regular appointment made on a post under the State or Union without issuing advertisement, inviting applications from 28 O.A. No. 260/00203/2017 [with C.P. 172/2019 (arising out of RA 54/2019) & C.P. 04/2020) & OA 799/2019 eligible candidates and without holding a proper selection where all eligible persons get a fair chance to complete is in violation of guarantee enshrined under Article 226 of the Constitution. Ad hoc/temporary/daily wage employees are not entitled to claim regularization in service as a matter of right. If an illegality or irregularity has been committed in favour of any individual or a group of individuals or a wrong order has been passed by a judicial forum, others cannot invoke the jurisdiction of the higher of superior Court for repeating or multiplying the same irregularity or illegality or for passing wrong order.
In the case of Secretary, State of Karnataka vs. Uma Devi - 2006 (4) SCC 1, the Hon'ble Apex Court has been pleased to hold that there is no Fundamental Right in those who have been employed on daily wages or temporarily or on contractual basis, to claim that they have a right to be absorbed in service. As has been held by this Court, they cannot be said to be holders of a post, since, a regular appointment could be made only by making appointments consistent with the requirements of Articles 14 and 16 of the Constitution. The right to be treated equally with the other employees employed on daily wages, cannot be extended to a claim for equal treatment 29 O.A. No. 260/00203/2017 [with C.P. 172/2019 (arising out of RA 54/2019) & C.P. 04/2020) & OA 799/2019 with those who were regularly employed. That would be treating unequals as equals. It cannot also be relied on to claim a right to be absorbed in service even though they have never been selected in terms of the relevant recruitment rules. In Secretary to Government, School Education Department, Chennai and others Vs. Thiru R. Govindaswamy and others, (2014) 4 SCC 769, referring to Uma Devi (supra) Court said that there is no fundamental right in those who have been employed on daily wages or temporarily or on contractual basis, to claim that they have a right to be absorbed in service. They cannot be said to be holders of a post, since, a regular appointment could be made only by making appointments consistent with the requirements of Articles 14 and 16 of the Constitution.
10. It is not the case of the applicant that they have been continuously in engagement for ten years till the cut of date (10.04.2006) fixed by the DoPT vide O.M. No. 49014/7/2020-Estt.(C) dated 07.10.2020, which was issued in compliance of the order of the Hon'ble Supreme Court in the cases of Uma Devi (supra) and M.K.Kesari so as to direct the respondents to consider their regularization.
30 O.A. No. 260/00203/2017 [with C.P.
172/2019 (arising out of RA 54/2019) & C.P. 04/2020) & OA 799/2019
11. In view of the facts and law discussed above, even if it is taken that the applicants were engaged on casual basis since 1999 as a full time casual workers, in view of the rules and law quoted above, their claim for regularization falls flat. In the result, the O.As. stand dismissed and, consequently, the C.Ps. are dropped. Parties to bear their own costs.
(SWARUP KUMAR MISHRA) (DEVENDRA CHAUDHRY) Member (Judicial) Member (Admn.) RK/PS