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2025 Supreme(Online)(CAT) 5170
CENTRAL ADMINISTRATIVE TRIBUNAL
Smt. Urmita Datta, Mr. Suchitto Kumar Das, JJ
Nirmal Das – Appellant
Versus
Posts – Respondent
O.A./1337/2023
Mr. S.K. Datta, Counsel; Mr. B. Chatterjee, Counsel; Dr. D. Chowdhury, Counsel
The court established that casual laborers are entitled to regularization and equal benefits based on service duration, emphasizing adherence to established circulars and principles of natural justice.
Headnote:(A) Administrative Tribunals Act, 1985 - Section 19 - Applicants sought relief for quashing an order and regularization of services - Applicants worked as CPNGs from 1985-1987, claiming entitlement to temporary status from 1991 based on service duration and applicable circulars - Respondents granted temporary status from 2001, leading to claims of discrimination and violation of natural justice principles. (Paras 1-12)
(B) Employment Law - Equal pay for equal work - Applicants argued for equal treatment under Article 39(d) of the Constitution, claiming arbitrary denial of benefits compared to similar employees - Court emphasized the need for regularization and equal treatment based on service duration. (Paras 2, 6, 11)
(C) Judicial Review - The court found that the applicants were entitled to temporary status from 1991 and should be regularized accordingly, emphasizing the importance of adhering to established circulars and principles of fairness. (Paras 10-12)
Findings of Court:
The court directed the respondents to regularize the applicants from 1994 with all consequential benefits within four months.
Issues: The main issues included the date of regularization, entitlement to benefits, and compliance with previous court orders.
Ratio Decidendi: The court ruled that the applicants, having completed the requisite service, were entitled to regularization from 1994, emphasizing the need for adherence to the principles of natural justice and equal treatment.
Result: O.A. disposed of with directions for regularization.
ORDER
Per: Hon’ble Smt. Urmita Datta (Sen) (J):
The applicants have approached this Tribunal under Section 19 of the Administrative Tribunals Act, 1985, praying for the following relief(s):-
“(a) An order be passed quashing and/or setting aside forthwith the impugned speaking order dated 31.03.2023 issued by the Senior Superintendent of Post Offices, Asansol Division, annexure 'A-10' to this application;
(b) An order be passed directing the respondents concerned to act strictly in terms of the order of the Hon'ble High Court dated 3.7.015 passed in W.P.C.T No. 298 of 2010 for granting consequential reliefs in respect of the services of the applicants.
(c) An order be passed directing the respondents concerned to regularize the services of the applicants from the eligible dates of the applicants including pensionary benefits by taking into account that they have been granted temporary status with effect from 12.4.1991 by the order of the concerned respondent dated 11.2.2016, annexure 'A-4' to this application;
(d) Pass such other order orders as may be deem fit and proper;”
2. The admitted facts that arise from pleadings are as under:-
The applicants had rendered service as CPNGs during the period 1985-1987 in different post offices in Asansol Division. The Senior Superintendent of Post Offices, Asansol Division issued a Circular wherein it has been mentioned that incumbents who had rendered Casual Service as C.P.N. Guards for more than 08-12 hours in a day and have served the department for a period of more than 240 days in a year (206 days) in department observing six day a week and five day a week were entitled to receive the wages. The applicants submits that they have worked uninterruptedly for a period of 240 days in a year as contingent paid Night Guard and had discharged duties for more than 08-12 hours a day, hence they are entitled to be granted temporary status w.e.f. 1991. However, the respondents i.e. the Postal Authorities vide Memo No. A/Fix/Allowance/Contingent paid/Ch-III/Part dated 28.06.2001 and had granted them temporary status from 01.01.2001 onwards. The applicants allege that initially they were granted benefits of pay @ Rs. 750/- p.m. along with D.A., however, later it was arbitrarily withdrawn which is in complete violation to the principles of natural justice. The applicants also alleges that they have also been deprived of grant of equal pay for equal work as enshrined under Article 39(d) of the Constitution of India since for similar work performed by contingent paid labour some staffs were granted temporary status and were also granted benefits of Fourth Pay Commission, whereas the applicants have been arbitrarily deprived of the said benefits.
The applicants submit that they have been regularized from 01.01.2000 and have been granted temporary status however, they claim that their regularization was due from 1991 onwards and they have also not been paid regular pay and allowance in light of Circular/Letters dated 15.10.2000 and 28.06.2001 as well PLB during the aforesaid period. Hence, they claim that their case for regularization from 1991 be considered by this Tribunal and they may be granted back wages from the date when they have put in continuous contingent paid services as Casual Labourers posted in different Post Offices in Asansol Division.
The applicants have laid emphasis on the provisions as laid down in Casual Labourer Terms & Conditions of service of Postal establishment which reads as under:-
“ Conferment of Temporary Status does not automatically imply that the Casual Labourers would be appointed as a regular Group ‘D’ employee within any fixed time frame. Appointment to Group ‘D’ vacancies will continue to be done as per the extant recruitment rules, which stipulate preference to eligible ED employees.
After rendering three years continuous service after conferment of temporary status, the Casual Labourers would be treated at par with temporary Group ‘D’ employees for the purpose of contributi
