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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
ARUN MONGA, SUNIL BENIWAL
Union Of India, Through The Secretary, Ministry Of Finance, Department Of Revenue, Government Of India, North Block, New Delhi – Appellant
Versus
Sumer Lal Chouhan S/o Shri Jagdish Chandra Chauhan – Respondent
ORDER :
Sunil Beniwal, J.
1. This writ petition has been preferred by the petitioners questioning the correctness of the order dated 28.02.2019 passed by the Central Administrative Tribunal, Jodhpur Bench, Jodhpur (‘the Tribunal’) in Original Application No. 144/2005 filed by the respondents, whereby the O.A. was disposed of by granting temporary status to the respondents herein and directing the petitioners to consider them for regularisation along with consequential benefits.
2. Brief facts of the present case are that the respondents had initially filed O.A. claiming regularisation of their services from the date of their engagement, asserting that they had been working as daily wage Group-D employees since 1992. They also challenged the tender notice dated 18.05.2005 issued by the petitioners for outsourcing services, contending that the same was arbitrary and illegal in the absence of regularisation of their services. The petitioners contested the claim, stating that the respondents were part-time casual workers, had failed to establish continuous service since 1992, and were not covered under the one-time regularisation scheme dated 10.09.1993.
2.1 The Tribunal initially dismisse
Casual labourers continuously engaged for decades post-Uma Devi in perennial roles entitled to regularization despite scheme ineligibility; judgment curbs exploitation, not rights of long-serving irr....
Irregularly appointed casual workers with 10+ years continuous service in sanctioned posts entitled to regularization under Uma Devi para 53, rejecting exploitation via prolonged adhocism.
Post-1993 casual labourers with 240+ days/year continuous long service (16-22 years) entitled to temporary status under 1988 scheme and regularization against Group-D posts with notional benefits.
Long continuous service as casual worker with temporary status on perennial duties entitles regularization despite record gaps and scheme criteria, per recent Supreme Court rulings distinguishing irr....
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