The court reaffirmed that casual labourers engaged over extended periods are entitled to relief under administrative welfare schemes, emphasizing the need for fair employment practices.

ORDER (ORAL)

Per : Hon’ble Shri Jayesh V Bhairavia, Member (J)

In the instant OA, the applicant being aggrieved with the impugned order dated 30.09.2020 (Annexure A/1) whereby the representation of the applicant for grant of temporary status and regularization of his service has been rejected by the Chief Postmaster General, Gujarat Circle, Ahmedabad, has filed the present OA under Section 19 of the Administrative Tribunals Act , 1985 seeking following reliefs:-

VIII. Relief Sought For In the above circumstances of the case, the applicant prays that:

A. The Hon’ble Tribunal be pleased to declare the impugned order dated 30.09.2020, issued by respondent no. 2 at Annexure A/1 as arbitrary, illegal, unjust, non application of mind and hence, be pleased to quash and set aside the same and direct the respondents to grant benefits of temporary status to the applicant after completion of 480 days of service and pay all consequential benefits to the applicant with 12 % interest.

B. The Hon’ble Tribunal be pleased to direct respondents to grant benefits of temporary status to the applicant and absorb him as Group-D employee.

C. The Hon’ble Tribunal be pleased to direct respondent no. 2 to pay special cost and compensation of Rs. 1,00,000/0 to the applicant for compelling the applicant to approach the Court of Law time and again. The Respondent No. 1 may be directed to recover amount payable to the applicant from personal salary/ retirement benefits of respondent no. 2.

D. Any other relief which this Hon’ble Tribunal deems fit and proper in the interest of justice be granted.

2. In support of the prayer sought in the OA, Mr. P.H. Pathak along with Ms. Reena Kamani learned counsel for the applicant mainly submitted as under:-

2.1 Learned counsel for the applicant submits that during the pendency of the present OA, the original applicant i.e. Mr. Ashok Vaghela expired and therefore his wife i.e. Ms. Kokilaben Ashokbhai Vaghela has been impleaded as legal heir.

2.2 That the applicant herein earlier had approached this Tribunal by way of filing O.A. No. 404/2013 for issuance of direction upon the respondents to grant him Temporary Status & Regularization. The said OA was disposed of by this Tribunal vide common order dated 14.08.2020 by granting liberty to the applicant(s) to submit fresh representation to claim temporary status etc., and the respondents were directed to examine/consider the said representation/claim of the applicant as per Scheme 1991 and in light of the observations made by the Hon’ble High Court of Gujarat in its judgment dated 31.01.2018 in SCA No. 17697/2015 & 17698/2015 as also the judgment passed by the Hon’ble High Court of Andhra Pradesh in Writ Petition No. 17048/2000 dated 07.09.2000. Learned counsel for the applicant in this regard referred and relied on the relevant observations and findings of the said common order dated 14.08.2020 passed by this Tribunal in O.A. No. 203/2013 which reads as under:-

23. In the present case, undisputedly, the applicants’ prayer is limited to the effect for grant of temporary status as welfare measure available under the Scheme of 1991 and not put forth for any claim for regularsiation. In this regard, it is revealed from the records that respondents had invited names of eligible candidates for engaging substitutes (Safaiwalas) for cleaning work etc. in the respective offices through Employment Exchange, Ahmedabad, and in response to it, names of applicants were sponsored and consequently they were engaged as Sweeper in 1994-95. It is also not in dispute that till date, the applicants are working. In other words, applicants are allowed to perform their duties as part-time casual labour till date.

24. Further, it is noticed that the respondent Department had promulgated a