Long-standing casual workers may be entitled to regularization under policies issued by the State if they meet duration and vacancy requirements, highlighting protection against arbitrary dismissals.

JUDGMENT :

Sujit Narayan Prasad, J.

1. The present writ petition under Article 226 of the Constitution of India has been filed against the order dated 15.3.2024 passed by the Central Administrative Tribunal, Patna Bench, Circuit Bench, Ranchi in O.A./051/00624/2019, whereby and whereunder, the following orders have been passed:

“20. Considering the entirety of facts and legal aspects as discussed above, we are of considered view that applicant was liable to be considered for grant of Temporary Status and further for regularisation as Group 'D'. The order passed by Respondent No. 5 (Annexure 4) rejecting the case of applicant on the ground that he was a part-time casual worker was against the aforesaid directions of the Department of posts and the law laid down by Hon'ble Supreme Court. Further, the applicant was entrusted the responsibility of a vacant Group 'D' post at Ranchi GPO w.e.f. 05.05.2008 (Annexure-25) which means that vacancy was available.

21. We feel that Interest of justice would be served if the order dated 4.8.1993 (Annexure-4) passed by Superintendent of Post Offices is quashed and set aside and respondents are directed to consider the case of applicant for grant of 'Temporary Status to applicant in terms of the observation in above para.

22. Accordingly, the order dated 4.8.1993 (Annexure 4) passed by Superintendent of Post Offices is quashed and set aside. Respondents are directed to consider the case of applicant for grant of ‘Temporary Status’ from the day he became eligible, and further grant of Temporary Group ‘D” status after three years and also his regularistion as Group ‘D’/MTS keeping the fact in view that he was asked to function against vacant post of Group ‘D’ w.e.f. 5.5.2008.”

2. The brief facts of the case which require to be enumerated herein read as under:

(i)It is stated that the applicant was appointed to the sanctioned and vacant post of Contingent Paid Chowkidar Ranchi, H.O. Cycle Stand by the competent authority vide Memo No. B-1/dated 22.02.1982. He performed the duty of Chowkidar in the Cycle stand Ranchi G.P.O for 5.00 Hrs. from 22.02.1982 to 22.05.2007. He was brought on duty of Letter Box Poen at Ranchi G.P.O. for 8.00 Hrs from 23.05.2007 till his retirement i.e. 30.06.2019.

(ii) It is stated that the service of the applicant as contingent paid staff was for 5.00 hrs. duty and part time casual labourer was not entitled for conferring the temporary status as such Sri Mahto as not granted temporary status. Vide point 1.1 of clarification of OM No. 51016/2/90-Estt (C) dated 10.09.1993. The facility of temporary status was extended up to 01.09.1993 vide Dept. of Posts, letter No. 66-52/92-SPB. 1, dated the 1st November, 1995 as amended by letter, dated the 8th November, 1995.

(iii) It is further stated that as per instruction issued by the department of Posts vide letter No.45-14/92 SPB. 1, dated the 16th September, 1992 the services of part time casual laborer working for five hrs or more was to be examined and they were to be made full time casual laborer by readjustment or combination of duties. Accordingly Sri Mahto was employed for 8 hrs duty from 23.05.2007.

(iv) It is stated that in response to the application dated 03.05.2007 and Circle office letter No. Staff/Mice-ED/07 dated 09.10.2007 a reply had been submitted to circle Office, Ranchi vide this office letter of even No. dated 13.11.2007. In this letter as mentio