Director, Printing and Stationary Department, U. P. Government Press vs Moti Lal

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2014 Supreme(SC) 190

SUPREME COURT OF INDIA
H. L. GOKHALE, KURIAN JOSEPH, JJ.
Director, Printing and Stationary Department, U.P. Government Press and others – Appellants
Versus
Moti Lal and others – Respondents
CIVIL APPEAL NOS. 3339-3340 OF 2014 (Arising from S.L.P. (C) Nos. 13340-13341/2010)
WITH
Girendra Singh and others – Appellants
Versus
State of U.P. and others – Respondents
CIVIL APPEAL NO. 3341 OF 2014 (Arising from S.L.P. (C) No. 35522/2010)
Decided On : 07-03-2014

Headnote:Service law – Regularisation – Daily wages Group D staff – Government coming up with a scheme – Nothing tangible done – Post of Gateman becoming vacant – Different educational and physical qualifications prescribed – Whether Group D post or not, question left open – Direction given to identify Group D posts other than Gateman and take steps to fill them by regularization from the daily wage employees. (Para 18)
       Facts of the case:
       This case relates to regularization of daily wage Group D staff.
       Daily wage Group D staff of Government Press, Lucknow sought regularization.
       Government came up with as scheme which was accepted by the Court.
       However, nothing tangible was done.
       In the meantime posts of Gateman fell vacant for which different educational and physical qualifications were prescribed. These posts were sought to be filled up from candidates other than daily wage staff.
       This move was protested by daily wages staff contending that they should be filled by them.
       High Court ruled that as the new Rules came into being in 2001 the appointment to Gateman should be made accordingly.
       Finding of the Court:
       The question of whether the post of Gateman is Group D post was left open. Impugned order modified.

JUDGMENT

KURIAN, J. –

Leave granted.

2. Both the appeals arise from the same judgment and hence they are disposed of by a common judgment.

3. The challenge is to the judgment of the High Court of Judicature at Allahabad wherein the Director of Government Press was directed to consider regularization of daily-wage employees in Group-D as per Rules promulgated in December, 2001. The case has a chequered history.

4. The daily-wage Group-D employees were being engaged in the Government Press during 1985-1991. U. P. Group-‘D’ Employees Service Rules, 1985 consists of the following posts - Peon, Messenger, Chowkidar, Mali, Farash, Sweeper, Waterman, Bhisti, Tindal, Thelaman, Record-lifter and every other non-technical post.

5. The writ petitioners before the High Court through their union filed Writ Petition No. 7034 of 1992 titled “Pradeshik Rajkiya Mudralaya Karamchari Samanwaya Samiti, U.P., Aish Bagh, Lucknow through its Secretary v. State of U.P. and others”, seeking regularization. The said writ petition was disposed of by judgment dated 02.12.1993. The High Court thought it fit to frame a scheme so as to avoid recurrence of such disputes. That judgment was challenged before this Court. While the matter was pending before this Court, the Government took a decision on 12.11.1997 proposing to regularize them in service, giving them, if required, relaxation in age. For easy reference, we may extract the relevant portion of the decision:

“(1) The numbers of reserved category post is to be calculated on the basis of persons working in Class-IV category in the Government Printing Press, and it has to be seen that how many posts are lying vacant. Whatever steps are taken by the department to fill the vacant said posts, those persons who are working on daily wages basis and are qualified otherwise may be considered for interview and if the successful candidates requires age relaxation, the same shall be considered at the Government level sympathetically. Similarly, the posts reserved for backward class is to be filled up from the backward class candidates working on the daily wages basis as per the conditions mentioned above.”

(Emphasis supplied)

6. The said decision was conveyed to this Court and thus, Civil Appeal No. 6326 of 1994 was disposed of on 26.11.1997. The order reads as follows:

“The appellants have filed an affidavit dated 15th of November, 1997 and have annexed to their affidavit a circular which has been issued by them on 12.11.1997 setting out a scheme for giving regular employment to daily rated workers in the Government Printing Press at Lucknow giving them preference for absorption in regular vacant posts of Class-IV category in the Government Printing Press. The scheme also provides for relaxation of age limit for absorption. In paragraph 1 of the scheme it is stated that relaxation in age limit will, where necessary, be sympathetically considered at the Government level. We take this as willingness on (sic) the part of the Government to grant such age relaxation in all suitable cases wherever required. In view of the scheme which is now being proposed no further orders are required in the appeal. The impugned order of the High Court under which the High Court has provided a scheme is, therefore, set aside and the present appeal is disposed of.”

(Emphasis supplied)

7. It appears, for quite some time, no serious steps were taken. On 02.06.2001, the Secretary to the Government wrote to the Director of Printing and Stationary to take immediate steps in compliance with the judgment of this Court, in the matter of regularization. Being a crucial document, we shall extract the relevant portion of the said communication dated 02.06.2001:

“Industries Deptt. Division-2

Lucknow : dated 2.6.2001

Subject : With regard to give regular appointment in the vacant Group-D post in the Government Press to the present daily wages employees.

Sir,

On the above cited subject, in pursuance of the G.O. No. 2777/PS/18-8-1(1) PS/96 dated 12.11.97 and in co

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