The main legal point established in the judgment is the significance of the provisions of the Indian Railway Establishment Manual, particularly Chapter XIX, Chapter XX, Rule 2001, Rule 2002, Rule 2005, and Rule 1501, in determining the employment status and entitlements of railway employees, as well as the distinction between casual labor with temporary status and temporary railway servants.

S. B. SINHA, J.

( 1 ) LEAVE granted. Interpretation of some of the provisions of the Indian Railway establishment Manual (hereinafter referred to as "the Manual") is in question in these appeals which arise out of judgments of the Rajasthan High court, Jaipur Bench at Jaipur dated 25. 4. 2005 in DB Civil W. P. No. 5317 of 2004 and dated 25. 4. 2005 in D. B. Civil WP No. 5316 of 2004 affirming orders dated 12. 4. 2004 in O. A. No. 536/2003 and order dated 7. 4. 2003 in o. A. No. 233/2003 respectively.

( 2 ) THE fact of the matter is as under : smt. Santosh, Respondent No. 1, in Civil Appeal arising out of SLP (C) No. 23737 of 2005, is widow of one Ram Niwas who was appointed as a project casual labour on 8. 11. 1979. The case of regularisation of the similarly situated employees came up for consideration before this Court in inder Pal Yadav and Others Vs Union of India and Others [ (1985) 2 SCC 648]. During hearing of the said matter from time to time, the Court inter alia suggested for framing of a scheme of regularisation; pursuant whereto and in furtherance whereof, proposals were placed before this Court it by the railway Administration of Union of India from time to time. A Scheme was eventually produced before this Court; clause 5. 1 whereof reads thus :

"5. 1. As a result of such deliberations, the Ministry of railways have now decided in principle that casual labour employed on projects (also known as project casual labour) may be treated as temporary on completion of 360 days of continuous employment. The Ministry have decided further as under: (a) These orders will cover : (i) Casual labour on projects who are in service as on january 1, 1984 ; and (ii) Casual labour on projects who, though not in service on January 1, 1984, had been in service on Railways earlier and had already completed the above prescribed period (360 days) of continuous employment or will complete the said prescribed period of continuous employment on re-engagement in future. (A detailed letter regarding this group follows.) (b) The decision should be implemented in phases according to the schedule given below :"

The said Scheme was accepted by this Court subject to the modification that clause 5. 1 (a) (i), the date from which the Scheme was made effective was from January, 1981.

( 3 ) THE Railway Administration in terms of the said scheme during pendency of the said Writ petition issued an Office Order; the relevant portion whereof reads as under:-

"1. Under instruction given in the above referred letter of head Office those Casual Workers who have completed 3 years on 01. 01. 1984 but less than 5 years and who have worked for more than 1095 days have been ordered to be considered as Temporary employees from 01. 01. 1985. 2. Those casual workers who have worked for 360 days on 31. 12. 83 but less than 3 years have been ordered to be considered as temporary employees from 01. 01. 1986. Therefore, the following casual workers are eligible to be considered as temporary employees but they will be appointed only after their selection by the selection committee. "

( 4 ) IN the said Office Order, the name of said Ram Niwas was shown at serial No. 15 which reads as under:-

S. No . Name Date of Birth

Date of first appointment

Total Service days on 31. 12. 83

Date for being considered Temporary employees

15. Ramniwas Singh Syotaaj Singh

07. 03. 5608. 11. 79 707 01. 01. 86

( 5 ) BY reason of another circular letter, the date 1. 1. 1984 was changed to 11. 3. 1983. Ram Niwas expired on 29. 12. 1988. By an order dated 24. 1. 1989, the application of Respondent no. 1 herein to give appointment to him on compassionate ground was rejected stating:

"it is regretted and informed that Shri Ram Niwas s/o Shyotaj Singh under CSI (C) Jaipur expired on 29. 12. 88. The particular of the employee is as under. The employee was not expired while on injured on duty. The settlement of employee is being done shortly. " his wife filed an application for grant of fam