A.P. Bhattacharya, J. - (1.) This application under Sec. 19 of the Administrative Tribunals Act, 1985 has been filed Ms. Jayabati Roy and Shri Ashish Mukherjee against the Union of India, represented by the Chairman, Department of Atomic Energy, Director, Atomic Minerals Division and another.
(2.) Both the applicants are graduates with training in shorthand and type writing having adequate qualifications for appointment in Group -C posts in the Ministerial Cadre of any Central Government Office, Applicant No. 1 was appointed as a Typist in the once of the Regional Director, Eastern Region, Atomic Minerals Division on 11.8.1983 as a daily rated (casual) skilled labourer. In that post she worked upto 26.1.1988 with some breaks. Applicant No. 2 was appointed as a Lower Division Clerk in the same Office as a daily rated (casual) skilled labourer on 24.4.1985 and he worked in that post upto 29.1.1988. The Central Government after issuing notifications have decided to give some benefits to casual labourers who have continuous service for two years, at least for 240 days. The applicants contend that as per their qualifications and in view of the notifications issued by the Central Government they are fit for regularisation, but that has not yet been done. They applied or the posts of Lower Division Clerk and Junior Stenographer in the same office as departmental candidates and their applications were fully forwarded with recommendations made by respondent No. 3 on 17.12.1983 and 26.5.1987. It is their case that no communication has yet been made to them about the fate of their applications. The respondents recruited three persons in the Cadre of Lower Division Clerk and Junior Stenographer in 1983 without considering the cases of the applicants. They made representations to respondent No. 3 for regularisation of their services but to no avail, and to the contrary they had been threatened with termination of services. filing the application the applicants have prayed for a declaration that they are entitled to be regularized in suitable group -C posts in the Ministerial Cadre for their continuous work a skilled casual labourers since 11.8.1983 and 24.4.1985. They have also prayed for the reliefs consequential to such regularization.
(3.) The application has been contested by the respondents. In their reply the respondents have stated that the applicants were employed only for the duration their services were required on "as and when required" basis and for that they were paid wages as per the ratios notified by the Government of India from time to time. They were engaged on daily wages basis only to manage the urgent requirements and the work load in the Eastern Regional Office. The applicants had only worked on continuous 'basis but were disengaged off and on whenever there was no work available for them. As the applicants were over aged even at the time of their initial engagement on daily wages they cannot have any claim for regular job. The applicants had applied for the posts of Lower Division Clerk and Junior Stenographer but their age was more than the prescribed age on the date of such applications. The Scrutiny Committee set up for the purpose found them unsuitable for being called for test/interview. As they had not fulfilled the recruitment norms either for the post of Lower Division Clerk or Junior Stenographer the Office could not consider them for those posts. They were engaged on casual basis and their such engagement was subject to termination at any time without any notice. So it is the case of the respondents that the applicants services cannot at all be regularized.;