ORDER

1. Delay condoned in SLP (C) No. 8045 of 1997 [CC No. 1269 of 1995].

2. Leave granted in the special leave petitions.

3. Part-time casual workers in Posts and Telegraphs Department, Ministry of Communications filed applications before different Benches of the Central Administrative Tribunal claiming the benefit of the Scheme framed by the said Department dated 12-4-1991 for the purpose of granting temporary status and regularisation to casual labourers. This Scheme is designated as "Casual Labourers (Grant of Temporary Status and Regularisation) Scheme" which has been framed pursuant to the directions a given by this Court in Daily Rated Casual Labour v. Union of India ((1988) 1 SCC 122 : 1988 SCC (L&S) 138 : (1987) 5 ATC 228). The Tribunals have held that part-time casual workers are also covered by the said Scheme. Hence the present appeals have been filed before us.

4. Clauses I and 2 of the Scheme are as follows :

"1. Temporary Status would be conferred on the casual labourers in employment as on 29-11-1989 and who continue to be currently employed and have rendered continuous service of at least one year : During the year they must have been engaged for a period of 240 days (206 days in the case of offices observing five days weeks). 2. Such casual workers engaged for full working hours viz. 8 hours including 1/2 hours lunchtime will be paid at daily rates on the basis of the minimum of the pay scale for a regular Group D official including DA, HRA and CCA."

5. The Scheme therefore, quite clearly covers only those casual workers who are engaged full-time for eight working hours, and the benefits under the Scheme are conferred on those casual workers who are so covered.

6. The respondents, however, have relied upon a letter dated 17-5-1989 issued by the Government of India, Ministry of Communications, Department of Posts giving a clarification regarding casual labourers and part-time casual labourers. The need for the clarification arose because by virtue of the notification dated 24-2-1989 the schedule annexed to the Indian Posts and Telegraphs (Group D Posts) Recruitment Rules, 1970 was amended. As a result of the amendment under the head "Subordinate Offices" in Item II the following entries were inserted in column 9 as follows :

"In the Schedule annexed to the Indian Posts and Telegraphs (Group D Posts) Recruitment Rules, 1970, under the heading Subordinate Offices in Item II, in column 9, the existing entries 100% Direct Recruitment shall be substituted by the following : By means of an interview from amongst the categories specified and in the order indicated below. Recruitment from the next category is to be made only when no qualified person is available in the higher category.

(i) Extra-departmental agents of the recruiting division or unit in which vacancies are announced.

(ii) Casual labourers (full-time and part-time) of the recruiting division or unit.

(iii) EAL ia-departmental agents of neighbouring division or unit.

Explanation. - For Post Division, the neighbouring division will be the Railway& Mail Service Division and vice versa.

(iv) Nominees of the Employment Exchange."

7. Thus, instead of 100% direct recruitment to these posts, the persons who were described in items (i) to (iv) of that notification were given a preference for appointment. Item (ii) of the notification refers to casual labourers (full-time and part-time) who were thus given preference for absorption in the posts in question. As a result of the aforesaid letter of 17-5-1989, it was clarified (in para 2) that all daily-wagers working in Post Offices or in RMS Offices and other offices set out therein are to be treated as casual labourers. Those casual labourers who are engaged for a period of eight hours a day should be described as full-time casual labourers. Those casual labourers who are engaged for a period of less than eight hours a day should be declared as part-time casual labourers. All other designations should be disconti