B.A.KHAN, B.N.CHATURVEDI
NAGINA KUMAR – Appellant
Versus
CENTRAL PUBLIC WORKS DEPARTMENT – Respondent
( 1 ) THE petitioner was working as a Peon on daily wages under respondent no. 2. He was appointed in that capacity on 8. 3. 1999. From 1993 onwards till 1995-96 he worked for more than 240 days during the course of each year. He sought grant of temporary status in pursuance of Office memorandum dated 10. 9. 1993 issued by Ministry of Personnel, p. G. and Pensions, Department of Personnel and Training, government of India, regularisation and payment of wages on par with his counter-parts employed on regular basis. He was, however, denied the same. He, therefore, approached central Administrative Tribunal, Principal Bench, New Delhi with O. A. No. 860/97 praying for grant of temporary status regularisation and parity of wages with peons employed on regular basis.
( 2 ) THE respondents 1 and 2 raised the plea that since the petitioner, who was employed as unskilled worker from 11. 3. 1993 on daily wages and was being paid from the administrative contingencies, had not rendered one year s continuous service by 10. 9. 1993 when the Office Memorandum dated 10. 9-1993 came into force, he was not entitled to the benefit of temporary status. The scheme, it was pleaded, was
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