- (1.) The petitioner has approached this Court with a prayer for issuance of a writ in the nature of certiorarified mandamus to call for the records of the respondents particularly pertaining to the order of the second respondent made in his proceedings No. 45428/MR/OT/CAT/GS/MT-7 dated 01.3.2011 rejecting the representation of the petitioners for regularisation of their services as Washermen (Dhobies) and quash the same and direct the respondents to regularise the services of the petitioners in the post of Washermen (Dhobies) in the third respondent Academy, if necessary by forming a suitable scheme for their absorption as regular employees in the respondents department, from the date of their initial engagement or any other cut off date with all attendant monetary benefits. The petitioners are working as Washermen (Dhobies) in the third respondent Officers Training Academy. The petitioners were engaged in the washing of the cloths of the Gentlemen Cadets under going training in the third respondent Academy. Initially washing of the said cloths were entrusted with contractor up to the year 1976. Thereafter, the work was undertaken by the third respondent directly. In view of the termination of the contract system, the third respondent decided to wash the cloths by employing the petitioners dhobies as casual employees. The petitioners were entrusted with the said jobs from February 1976 continuously till date. The petitioners were also issued appointment order as casual workers and gate pass as they are employed with Quarter Master Section of the third respondent Academy.
(2.) While so, the petitioners were terminated from their services once in every 90 days or such frequent intervals so as to create an artificial break to avoid regularisation of their services. The petitioners were paid their wages on monthly basis. The petitioners made several representation requesting the third respondent to regularize their services. In the year 1998, the Central Government has formulated a scheme, namely, Casual Labourers (Grant of Temporary Status and Regularisation) Scheme of Government of India, 1993 vide O.M. No. 51016/2/90-Estt(c) dated 10.9.1993, for the regularisation of the Casual Employees working in different departments. As per the said scheme, the petitioners, who served more than one year of service, also become eligible for regularisation. Therefore, the petitioners made representation before the respondents. Since the same was not considered, the petitioners approached the Central Administrative Tribunal by filing O.A. No. 1032 of 1999. While disposing the said O.A., the Tribunal observed that the services of the petitioners shall not be disturbed pending disposal of their representation. Even thereafter, the second respondent has not taken any action on the grievances expressed by the petitioners. Therefore, the petitioners are before this Court.
(3.) The learned counsel for the petitioners submitted that the petitioners are working as Washermen under the third respondent directly from the year 1976 onwards and their services have been terminated once in every 90 days in order to avoid regularisation. Hence, the learned counsel for the petitioners prays that the writ petition has to be allowed.;