PRADIP KUMAR GHOSH Vs. UNION OF INDIA

JUDGEMENT

(1.) THOUGH this O.A., the applicant has prayed for a direction to the respondents to regularise his service on the post of Caretaker of GPO Building, Calcutta and a further direction to the respondents to grant him the benefit of fixation of pay in terms of 5th Pay Commission Report.

(2.) The applicant joined service as Postal Assistant in the scale of Rs. 975-1500/- on 22.11.79 at Calcutta GPO. Pursuant to a circular dated 27.10.90 inviting applications from willing Postal Assistants of GPO for filling up the post of Caretaker, GPO, Calcutta in the scale of Rs. 1200-2040/- on ad hoc basis, the applicant applied for the said post, he having the requisit qualifications as enumerated in the said circular. By an order dt. 28.11.90, the applicant was directed to work as Caretaker on ad hoc basis and on purely temporary measure. It was made clear that this arrangement would not confer any right upon him to continue in the post and that the same may be terminated at any time without notice (vide Annexure-A). Pursuant to the said order, the applicant took over charge of the post of Caretaker w.e.f. 30.11.90. Subsequently by an order dt. 8.4.91, his ad hoc appointment as Caretaker was treated as officiating one and it was mentioned that his officiating promotion w.e.f. 30.11.90 would be taken into account towards usual period of probation.

(3.) ON the recommendation of the 5th Pay Commission, Govt. of India decided to rationalise the cadre of Caretakers and it was decided that Group D and Group C staff borne on the regular establishment and deployed on caretaking duties, which is not to be treated as deputation to an ex cadre post, may be paid a Caretaking Allowance of Rs. 100/- and Rs. 200/- p.m. respectively as compensation for long hours of work required by them. It was further provided that those establishments which would continue to retain separate posts of Caretakers, those shall be merged in the general ministerial cadres in corresponding scales of pay and pay scale of such Caretakers was to be determined with reference to the floor area of the building concerned. In accordance with this principle, the post of Caretaker in the GPO, Calcutta was upgraded to the scale of Rs. 5500-9000/- by an order dt. 20.2.2001 i.e., after filing of this O.A.