- (1.) Leave granted.
(2.) We have heard learned counsel on both sides.
(3.) Pursuant to the direction given by this Court the appellants have framed the scheme, Shri K. B. Sharma, Superintending Engineer, Construction Circle No.2, Chandigarh Administration has placed the same along with the additional affidavit. The scheme has been approved by the Central Government. The scheme reads as under: For work charged employees: "i) All the works establishment [excluding office of Ministerial Clerical and drawing cadres below the level of Junior Engineer], engaged in the construction/execution of maintenance work, shall be called "Work Force". The work force includes buildings, roads, public health activities comprising augmentation of water supply, canals, drainage, electrical and electricity etc. The 'work division' shall be a unit for casual or daily wage work force and a 'circle' for work charged establishment. Separate cadre and seniority list for each category shall be maintained in the Division and Circle as the case may be. ii) Workers engaged on jobs, which are likely to be of a short duration i.e. less than 240 days in a year, will be terminated on completion of work. No seniority list of such workers will be required to be maintained. iii) Workers who have completed five years service as on 31st August, 1995 will be considered for regularisation against the available regular posts subject to the fulfilment of requirements as laid down in the Recruitment Rules for the post in question, if they were recruited before 6-1-1992, the date on which a ban was imposed on the recruitment of daily/casual workers. iv) Since a complete ban on recruitment of work charged casual/daily wage employees was imposed by Chandigarh Administration , those recruited in contravention of this policy decision after this date i.e. 6-1-1992 will be considered for their regularisation only on the assessment of justification/requirements on the basis of norms approved for the continued nature of work and attaching the specific approval of Home Department, Chandigarh Administration. For Casual/Daily Wagers v) Workers working as Casual Labourers in works which have more or less fixed period of completion will be eligible for payment of benefits as admissible to them under rules. However, they will not be considered for regularisation automatically. Their requirement has to be reassessed after commissioning the work. Thus, the workers will be liable to be retrenched on completion of works except categories in limited numbers who are required for the operation and maintenance of the completed works. In their cases specific approval of the Home Department should be taken. vi) Daily wage employees who have completed 10 years or more service as on 31-8-1995 shall be considered for regularisation w.e.f. 31-8-1995 on the availability of posts. Such employees shall be entitled for minimum of the scale w.e.f. the date of their regularisation. On regularisation, these employees shall be liable for transfer anywhere within the Engineering Department, U. T. Chandigarh. vii) In respect of all such daily wages employees, who have not yet completed 10 years service, a special review should be carried out at the level of Head of Department regarding their requirement. viii) In the case of those employees whose services are no longer required and have been taken after 6-1-1992 and specific approval of Home Department, Chandigarh Administration does not exist, they may be relieved of their duties at the earliest possible." ;