Individuals appointed on compassionate grounds, serving continuously, are eligible for regularization and benefits similar to regular employees, irrespective of initial temporary designations.

JUDGMENT

Petitioners 1 and 3 are working as Clerk Grade-II and second petitioner is working as Lab Assistant in the Export Inspection Agency which functions under the Government of India. They were appointed under Exts.R2 (a), R2(b) and R2(c) with effect from 1.2.1988, 1.2.1988 and 4.11.1992 respectively. All the petitioners were appointed, on compassionate grounds, in as much as that the father of the first and second petitioners and the mother of the third petitioner were employed in the Export Inspection Agency and they died in harness.

2. It is the petitioners’ case that they were appointed on compassionate grounds, but nevertheless the orders of appointment indicated that the appointment is on a temporary or an adhoc basis. The tenure of appointment originally stipulated was six months, but it is the common case that the petitioners have continued in service without any break whatsoever. They were appointed against the scale of pay which was applicable to the post in question and the orders of appointment also stipulated that they will be governed by the service rules applicable to the employees of the Export Inspection Agency from time to time.

3. By Exts.P2, P3 and P4 representations, filed by the petitioners 1 to 3 respectively, they pointed out that at least three persons appointed on the same grounds have been treated as regular employees and have therefore, been granted benefit of ACP (Assured Career Progression) scheme. Petitioners therefore, prayed that they may be regularized in service from the date of appointment and they may be extended the benefit of ACP.

4. Petitioners refer to Ext.P5 communication, which was issued to the first petitioner on an earlier occasion referring to an earlier request made by him for regularization in service. It reads as follows:-

“In this context, I am directed to inform you that necessary action has already been initiated by the competent authority to regularize the service of the adhoc employees”

5. According to the petitioners, notwithstanding the same, services have not been regularized and they have been not granted the benefit of ACP. Hence the writ petition.

6. Counter affidavit has been filed by the respondents. They contend that the petitioners were appointed purely on temporary/adhoc basis on compassionate grounds. They have been given the benefit as admissible and they are not eligible for the benefit of ACP, because they are temporary/adhoc employees. Only regular employees of the Export Inspection Agency are eligible for the benefit of ACP.

7. It is further contended that as per the subsequent work study conducted, it was found that the work load of Export Inspection Agency, have been drastically reduced particularly in the wake of withdrawal of several compulsory preshipment inspections. It is contended that the petitioners’ claim for regularization cannot be considered in the light of law declared by the Supreme Court in State of Haryana and others v.

Piara Singh and others ( AIR 1992 SC 2130 ).

8. I heard learned counsel on both sides.

9. At the outset, I note that respondents do not deny the contention of the petitioners that the petitioners were appointed on compassionate grounds, ie, dying-in- harness scheme nor do they deny the contention that they have been continuously in service from the respective dates of 1988 and 1992 and that they discharge the same kind of duties as regular employees. Nor is their any case for the respondents that there is some other factor which will attribute ineligibility to the petitioners being regularized in service. There is no denial of issuance of Ext.P5 nor is there a specific denial as to the assertion made by the petitioners that persons appointed subsequent to them on compassionate grounds ( details of which are given in Ext.P2) have been given ACP benefits and such persons have been regularized in service.

10. The recommendations contained in the nature of an office communication is produced as Ext.P10. It is stated therein that the