- (1.) We have heard learned counsels appearing for the parties.
(2.) In both the writ petitions, the respondents were appointed as Casual Labour in the Cental Cattle Breeding Farm, Suratgarh. While they were working as Causal Labour, a Scheme was introduced by the Ministry of Personnel, Public Grievances and Pensions (Department of Personnel and Training) on 10.09.2003 as one time measure for grant of temporary status and regularisation of casual workers formulated in pursuance of the judgment dated 16.02.1990 passed by the Central Administrative Tribunal, Principal Bench, New Delhi in the case of Raj Kamal & Others vs. Union of India. Both the respondents in the writ petitions were given temporary status under the scheme while serving as casual employee with effect from 01.09.1993. Paragraph 4 & 5 of the Scheme providing for temporary status and its benefits is reproduced as follows:- "4. Temporary Status (i) Temporary status would be conferred on all casual labourers who are in employment on the date of issue of this OM and who have rendered a continuous service of at least one year, which means that they must have been engaged for a period of at least 240 days (206 days in the case of offices observing 5 days week). (ii) Such conferment of temporary status would be without reference to the creation/availability of regular Group 'D' posts. (iii) Conferment of temporary status on a casual labourer would not involve any change in his duties and responsibilities. The engagement will be on daily rates of pay on need basis. He may be deployed anywhere within the recruitment unit/territorial circle on the basis of availability of work. (iv) Such casual labourers who acquire temporary status will not, however, be brought on to the permanent establishment unless they are selected through regular selection process for Group 'D' posts. 5. Temporary status would entitle the casual labourers to the following benefits:- (i) Wages at daily rates with reference to the minimum of the pay scale for a corresponding regular Group 'D' official including DA, HRA and CCA (ii) Benefits of increments at the same rate as applicable to a Group 'D' employee would be taken into account for calculating pro-rata wages for every one year of service subject to performance of duty for at least 240 days, 206 days in administrative offices observing 5 days week) in the year from the date of conferment of temporary status. (iii) Leave entitlement will be on a pro-rata basis at the rate of one day for every 10 days of work, casual or any other kind of leave, except maternity leave, will not be admissible. They will also be allowed to carry forward the leave at their credit on their regularisation. They will not be entitled to the benefits of encashment of leave on termination of service for any reason or on their quitting service. (iv) Maternity leave to lady casual labourers as admissible to regular Group 'D' employees will be allowed. (v) 50% of the service rendered under temporary status would be counted for the purpose of retirement benefits after their regularisation. (vi) After rendering three years' continuous service after conferment of temporary status, the casual labourers would be treated on par with temporary Group 'D' employees for the purpose of contribution to the General Provident Fund, and would also further be eligible for the grant of Festival Advance/Flood Advance on the same conditions as are applicable to temporary Group 'D' employees, provided they furnish two sureties from permanent Government servants of their Department. (vii) Until they are regularized, they would be entitled to Productivity Linked Bonus/ Adhoc bonus only at the rates as applicable to casual labourers."
(3.) On the conferment of temporary status without reference to any regular Group-D Post, the respondents were entitled to and were given benefits of wages with reference to minimum of the pay scale for a corresponding regular Group D official including DA, HRA and CCA. They also started contributing to GPF and were given all other benefits as provided in paragraph 5 of the Scheme dated 10.09.1993.;