Service rendered as daily rated Mazdoors prior to regularization must be counted for ACP/MACP benefits, as established by precedent.

ORDER(Oral)

Per: SURESH KUMAR BATRA, MEMBER (J):

1. The short question arising for consideration in the present O.A is "whether the period of service rendered by the applicant (as daily rated Mazdoors) prior to their regularization should be counted for the purpose of grant of Assured Career Progression (in short ’ACP’), Modified Assured Career Progression (in short ’MACP’) benefits along with other consequential benefits?"

2. Briefly stated facts are that this is second round of litigation. All the applicants were initially appointed as daily Mazdoors w.e.f. during the year 1978-1984 in Canteen Stores Depot at Pathankot under respondent No.3 and continued performing their duties till they were regularized as Mazdoors (Group D). Thereafter, some of the applicants were further promoted to the cadre of LDC after passing the departmental examination. The applicants submitted that similar situated persons had filed O.A before Ernakulam Bench of this Tribunal, which allowed O.A. No.58/1997 tiled B. Sasikumar & Others Vs. Union of India & Others on 24.09.1999, with a direction to the respondents to grant financial benefits to the applicants by counting the period from the date of their initial engagement as daily rated mazdoor/LDC, with all consequential benefits. Respondents filed the petition before the Hon’ble High Court of Kerala by filing WP No. 32410/1999, which was dismissed on 04.08.2003. The respondents also filed SLP No. 5121/2005 against the order of the Hon’ble High Court which was also dismissed vide order dated 31.03.2010.

3. Similarly, colleagues of the applicants working in Mumbai also filed 74 OAs before Mumbai Bench of this Tribunal praying for counting of service rendered by them as dally rated basis followed by regularization, for the purpose of grant of financial upgradation relying upon the Judgment of the Ernakulam Bench upheld by the Kerala High Court, which was allowed vide order dated 12.09.2011. Respondent No. 2 Implemented the judgment passed by the Ernakulam Bench upheld by Kerala High Court vide order dated 24.11.2011. The respondents filed petition against the orders passed by the CAT, Mumbai Bench which was also dismissed by the Hon’ble High Court of Bombay vide order dated 24.07.2013 upholding the order of the CAT, Mumbai Bench. The respondents filed SLP No. (C)10226/2015 before the Hon’ble Supreme Court, challenging the impugned judgment dated 24.07.2013 (Annexure A-4) passed by the Hon’ble High Court of Mumbai, the same was dismissed vide order dated 16.07.2015 (Annexure A-4).

4. This Tribunal while relying upon the judgment of Judicature of Bombay High Court disposed of three O.A Nos. 1439/PB/2012, 448/JK/2013, 1086/HR/2013 in the same terms holding the applicants therein entitled for counting of their daily rated service for grant of financial upgradation. The Hon’ble Punjab and Haryana High Court dismissed CWP’s No. 22139/2015 on 23.05.2016, CWP No.23485 of 2015 on 25.07.2016, CWP No.21485 of 2014 and CWP No.447/2015 on 30.01.2017 relying upon the judgment of the Bombay High Court, upheld by the Hon’ble Supreme Court.

5. Since, the similarly situated and identically circumstanced colleagues of the present applicants were granted benefit of counting of daily rated service rendered by them prior to their regularization for purpose of benefits under financial upgradation, as such, the applicants submitted representation and reminder through proper channel dated 15.05.2015/26.04.2016 to Respondent No.2 for grant of similar benefit as granted by the various judicial forums in numerous OA’s to their colleagues by referring to all the said judicial decisions. Aggrieved by non grant/extending similar benefit in their favour as granted to their colleagues working in the same office, applicants filed OA No.060/603/2017 before this Hon’ble Court on 28.05.2017. This Hon’ble Court disposed of the said OA vide order dated 08.05.2018 (A-12) directing the respondents to consider and decide the claim of the applicants