Central Administrative Tribunal - Delhi
Sh. Rajesh Kumar Pal S/O Sh. Bhola Ram Age ... vs The Union Of India on 8 July, 2008
CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH OA 1570/2007 MA 1606/2007 New Delhi, this the 08th day of July 2008 HONBLE MRS. MEERA CHHIBBER, MEMBER (J) HONBLE DR. VEENA CHHOTRAY, MEMBER (A) 1. Sh. Rajesh Kumar Pal S/o Sh. Bhola Ram Age about 43= years 2. Sh. Lekh Raj Pathak S/o Sh. Gokal Chand Age about 45 years 3. Sh. Bharat Singh S/o Sh. Thakur Singh Age about 45= years 4. Sh. Gajender Singh S/o Sh. Saudan Singh Age about 45 years 5. Sh. Hari Om S/o Sh. Duli Chand Age about 43= years 6. Sh. Preetam Singh S/o Sh. Teekam Singh Age 47 years All the above applicants are employed in Group D Cadre in Delhi G.P.O. under Delhi Postal Circle. They are residents of Various places in Delhi / New Delhi and their address for Service of notices is C/o Shri Sant Lal Advocate CAT Bar Room, New Delhi-110001 Applicants (By Advocate Shri Sant Lal) VERSUS 1. The Union of India, through the Secertary, M.O. Communications & I.T., Dept. of Posts, Dak Bhawan, New Delhi-110001 2. The Chief Postmaster, Delhi G.P.O., Kashmeri Gate, Delhi-110006 Respondents (By Advocate Shri S.M. Zulfiqar Alam) O R D E R (ORAL)
By Mrs. Meera Chhibber:-
This OA was filed by six persons, who were initially engaged as casual labourers, were granted temporary status in the year 1989 and regularized also. It is stated by the applicants that their pay was fixed on regularization, by giving them benefit of increments earned by them as per the Scheme of 1993. However, subsequently DoP&T issued instructions on 29.1.1998 that on regularization of casual labourers, their pay should be fixed at the minimum of the scale, as a result of which, respondents herein reduced the pay of applicants. Consequently, the increments, which were already earned by them, were withdrawn. It was in these circumstances that applicants approached this Tribunal. They have challenged the action of respondents of reducing pay and enforcing recovery of alleged over-payments to the applicants in this regard by further seeking direction to the respondents to extend the benefit of judgment of Full Bench in the case of Nathu Singh & Ors., OA No.524/2000 decided on 11-9-2001, upheld by Honble High Court of Delhi vide judgment and order dated 17.4.2006 and number of other such cases and to restore the pay of the applicants as already fixed earlier on the basis of last pay drawn by them as temporary status employees.
2. Respondents had initially opposed this OA on the ground that since applicants were only casual labourers, they did not hold any civil post. As such, they were not entitled to any increment and on regularization they could be given only initial scale of pay to the post in which they were regularized. They had also stated that applicants have approached this Tribunal without exhausting the available remedy, therefore, OA should be dismissed.
3. Today, when the matter was called out, counsel for applicant produced OM No.49014/4/2007-Estt.(C) dated 09.5.2008 issued by Government of India, Department of Personnel & Training, which for ready reference reads as under:-
G.I., Department of Personnel & Training O.M. No. 49014/4/2007-Estt.(C) dated 9.5.2008 Fixation of pay of Casual Labourers (Temporary Status) on their regularization The undersigned is directed to refer to this Ministrys OM No. 51016/2/90-Estt ) dated 10.9.1993 (Sl.No.253 of Swamys Annual, 1993) containing the scheme for grant of temporary status and regularization of casual workers with temporary status against two out of every three vacancies arising in Group D cadre in respective offices where the causal workers have been working, to be filled up as per extant Recruitment Rules and in accordance with the instructions issued by this Department. These orders, inter alia, provided that benefits of increments at the same rate as applicable to a Group D employee could be taken into account for calculating pro rata wages for every one year of service subject to the other conditions in regard to performance of duties for the prescribed minimum number of days in a year. Subsequently, a clarification was issued in this Departments O.M. No.49014/4/97-Estt. ), dated 29.1.1998 (Sl.No. 278 of Swamys Annual, 1998) that the pay of casual workers with temporary status on regularization on against Group D post may be fixed at the minimum of the pay scale of the relevant Group D post.
2. The Staff Side in the Standing Committee Meeting of the National Council (JCM) had taken up the issue of fixing the pay of such casual worker with temporary status on their regularization against Group D post at the same stage of basic pay based on which they were paid the wages when their services were utilized as casual worker with temporary status. The matter has been considered and it has been decided that in supersession of this Departments aforesaid OM dated the 29th January, 1998 the pay of casual workers with temporary status on their regularization against Group D posts in identical grades will be fixed after taking into account the increments already earned by them in the Group D pay scale which was taken into account for payment of wages while working as casual worker with temporary status.
3. Past cases may also be reviewed and the pay refixed in respect of casual workers with temporary status regularized in Group D post. Such counting of the past increments earned on regularization will be only for the purpose of pay fixation and will not entitle them to claim seniority or any other benefits like promotion, etc., on the basis of such causal service.
4. All Ministries/Departments including attached /subordinate offices are requested to take necessary action to fix the pay of such of those causal labourers who have been regularised in terms of the above scheme accordingly and arrears of pay as admissible paid to them.
5. This issues with the concurrence of Ministry of Finance (Department of Expenditure) vide their ID No.7/7/2008-E.III (A), dated 8.5.2008.
4. In view of above, counsel for the applicant stated that nothing more remains to be done in this case except to follow the directions already given by the Department of Personnel & Training. Counsel for respondents did not object to this proposition. On the contrary, he submitted that they have already received OM dated 09.5.2008 and they would be taking action as per above-said OM but in processing the case it might take some time.
5. In view of above position, since DoP&T itself has withdrawn the earlier OM dated 29.1.1998 on the basis of which applicants pay was reduced and now DoP&T itself has directed all the Ministries and Departments to take necessary action to fix pay of such all those casual labourers, who have been regularized in terms of above Scheme accordingly after taking into account the increments earned by them for the purposes of pay fixation only, therefore, this OA is allowed. Respondents are directed to fix the pay of applicants after taking into consideration the increments already earned by them and to restore their pay accordingly. In case any recoveries have been made from the applicants, the same should be refunded to them. This exercise shall be completed within a period of three months from the date of receipt of a copy of this order. No costs.
(Dr. Veena Chhotray) (Mrs. Meera Chhibber)
Member (A) Member (J)
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