2015 Supreme(Megh) 17

IN THE HIGH COURT OF MEGHALAYA
T. NANDAKUMAR SINGH, J.
Kerwith Marak – Petitioner
Vs.
State of Meghalaya – Respondent
W.P. (C) No. 36 of 2014
Decided On : 18.02.2015

The main legal point established in the judgment is that a casual worker who has worked for a continuous period of not less than ten years is entitled to the benefits under the Meghalaya Regular Casual Workers Scheme 1996, including consideration for regular appointment in the vacancy of Group ‘D’ post.

Headnote:

Regular Casual Worker Scheme - Extension of Benefits - Meghalaya Regular Casual Workers Scheme 1996 - 1. Name, commencement and application. The scheme shall be called the Meghalaya Regular Casual Workers Scheme, 1996. It shall come into force on the date of its publication in the Official Gazette. It shall apply to Casual Workers employed in the departments and offices of the Government of Meghalaya. 2. Explanation. For the purpose of the scheme: (a) “Casual Worker” means a person who by any nomenclature called is employed for doing work on a daily wage basis. (b) “Regular Casual Worker” (RCW) for short means a person conferred such a status as provided in paragraph 3 of this scheme. 3. Conferment of the status of an RCW. (1) a Casual Worker who has immediately before the date of coming into force of this scheme been working as such for a continuous period of not less than ten years may be conferred with a status of a Regular Casual Worker from such date, not being a date earlier than the date this scheme came into force, as the appointed authority may by order specify. For calculating the period of five years absence or cessation of work for the period of not more than thirty days in year shall be reckoned as period spent in work. (2) Conferment of an RCW status on any Casual Worker shall be made on the basis of records available in the office of the appointing authority and, wherever necessary, further documentation for the purpose of verification of age, initial employment and other particulars may be called for from the Casual Worker concerned. Conferment of the status shall be without reference to availability or creation of post and an RCW will continue to perform duties of a Casual Worker anywhere within the jurisdiction of the appointing authority. An RCW shall be paid wages at rates as may be fixed by the State Government under the Minimum Wages Act from time to time for unskilled labour. Whenever a Casual Worker is conferred with the status of an RCW no substitute shall be appointed in his place. Any appointment to the contrary will be viewed seriously and the authority making such appointment shall be held personally responsible for violation of the provision of this scheme. 4. Leave and other benefits. (1) An RCW shall be entitled to earned leave on pro rate basis at the rate of one day for every fifteen days spent on work and such leave may accumulate upto a maximum of one hundred and twenty days only. An RCW may avail earned leave with prior sanction of the appointing authority and shall be paid full wages for the period of leave so availed of. (2) An RCW shall also be entitled to leave of absence upto a maximum of fifteen days in a year but no wages shall be admissible for such period of absence. (3) A lady RCW shall be entitled to maternity leave as in the case of Group I employees of the State Government. (4) After working for a continuous period of not less than five years as such, an RCW will be entitled to festival advance and children education advance as in the case of Group D employees of the State Government. 5. Appointment to Group D posts. (1) When vacancies in Group D posts arise in any Department or offices, fifty per cent thereof shall, subject to rules, orders and instructions as State Government may from time to time issues, be filled up from amongst the RCWs working in that Department or office as case may be and possessing the required qualifications. The maximum age limit in such a case shall be relaxed by the total number of years served continuously as a Casual Worker and as an RCW. Subject to suitability criteria, the vacancies amongst the RCWs shall be filled up in the order of their total length of such continuous service. (2) When an RCW is appointed to a Group D post half of the service rendered as an RCW will be added to the length of service rendered in the Group D post for the purpose of retirement benefits. Further, the earned leave referred to in paragraph 4 (1) of this scheme which may be remaining at his credit on the date of such appointment will be carried over and added to the leave he may subsequently earn in the Group D post. 6. Cessation and Dispensation of Services. (1) An RCW shall cease to be employed on his attaining the age of 58 years. (2) The services of an RCW may be dispensed with by the appointing authority by giving a one month advance notice stating therein the reasons therefor. Power of interpret or relax the rules. Personnel and Administrative Reforms Department shall have the power to interpret, relax or amend any of the provisions of this scheme as may be considered necessary and any decision it takes shall be final and binding.

Fact of the Case:

The petitioner sought a direction to extend the benefits under the Meghalaya Regular Casual Workers Scheme 1996 to him, claiming to have worked as a casual worker for over ten years without being conferred the status of a regular casual worker.

Finding of the Court:

The court directed the respondents to consider the petitioner for regular appointment in the vacancy of Group ‘D’ post as per his turn under the said Scheme and also extended all the benefits under the said Scheme to the petitioner.

Issues: The main issue was whether the petitioner, who claimed to have worked as a casual worker for over ten years, was entitled to the benefits under the Meghalaya Regular Casual Workers Scheme 1996.

Ratio Decidendi: The court found that the petitioner, having worked for over ten years as a casual worker, was entitled to the benefits under the Meghalaya Regular Casual Workers Scheme 1996 and directed the respondents to consider him for regular appointment in the vacancy of Group ‘D’ post as per his turn under the said Scheme.

Final Decision: The writ petition was allowed, and the court directed the respondents to consider the petitioner for regular appointment in the vacancy of Group ‘D’ post as per his turn under the Meghalaya Regular Casual Workers Scheme 1996 and extended all the benefits under the said Scheme to the petitioner.