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1988 Supreme(SC) 195

SUPREME COURT OF INDIA
RANGANATH MISRA AND MURARI MOHAN DUTT, JJ.
RAJESH KUMAR SONI AND OTHERS
Versus
MINISTRY OF ENVIRONMENT & FOREST AND WILD LIFE AND OTHERS
Civil Writ Petition No. 1351 of 1987, decided on March 10, 1988

Headnote:

Employees Senior – Learned counsel for parties have also perused writ petition and two counter-affidavits is not disputed that petitioners have been working in establishment for more than gives us impression that there is regular need for this employment – Though this is position petitioners are being continuing as daily-rated employees do not think this should be permitted particularly when wage of daily-rated employees is about half of regular employees – Held, We direct opposite-party-respondent to absorb petitioners on regular basis there be any other similarly situated employees senior to them they should be given same benefit should be done within three months hence – Initially absorption should be against group D posts and as and when permanent opportunity against group C posts opens up, they should be considered writ petition is disposed of accordingly with no order as to costs – Writ petition is disposed.

ORDER

Heard learned counsel for the parties. We have also perused the writ petition and two counter-affidavits. It is not disputed that the petitioners have been working in the establishment for more than 4 to 5 years. This gives us the impression that there is regular need for this employment. Though this is the position, petitioners are being continuing as daily-rated employees. We do not think this should be permitted particularly when the wage of daily-rated employees is about half of regular employees. We direct the opposite-party-respondent to absorb the petitioners on regular basis. If there be any other similarly situated employees senior to them they should be given the same benefit. This should be done within three months hence. Initially the absorption should be against group D posts and as and when permanent opportunity against group C posts opens up, they should be considered The writ petition is disposed of accordingly with no order as to costs.

For Citation : 1992 (4) SCC 116 (2)

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