Service matter - Regularization of daily-wage employees in Group- D as per rules of 2001 instead of rules of 1985 when they were appointed to the post as per the circular and as per the judgment of Apex court delivered earlier in view of the Govt. Circular dt .12.11.1997 - Apex court modified the judgment and held that The Director of the Printing Press is directed to identify the vacancies between 1991 and 2003 in the Group-D/Class-IV posts other than “Gatemen”. This exercise shall be completed within four months. The vacancies thus identified shall be filled-up on regular basis from amongst the daily-wage Group-D/Class- IV employees in service in the Government Press as on 12.11.1997 and who can work at least for five years as on date, before their superannuation as per Rules. The qualification shall be determined as per the 1985 Rules.=
Director of Government Press was directed to
consider regularization of daily-wage employees in Group-D as per
Rules promulgated in December, 2001.The daily-wage Group-D employees were being engaged in the Government Press during 1985-1991. U. P. Group-‘D’ Employees Service Rules, 1985
consists of the following posts - Peon, Messenger, Chowkidar, Mali,Farash, Sweeper, Waterman, Bhisti, Tindal, Thelaman, Record-lifter and every other non-technical post.
=
The categoric stand taken by the Government before this Court is that
the post of “Gatemen” does not belong to Group-D and that it was a
separate selection. Despite several queries, no satisfactory
explanation is forthcoming as to when the post of “Gatemen” was
created, how many posts were created and whether the same formed part
of the existing Group-D/Class-IV category or not. The Government has
taken a very evasive stand before this Court in that regard.
18. Be that as it may, in view of the position as explained above, we are
of the view that the interest of justice would be met and complete
justice can be done if an appropriate direction is issued to fill-up
the posts in Group-D/Class-IV category in the Government Press in the
State of Uttar Pradesh from amongst the daily-wage employees in
service as on 12.11.1997. The Director of the Printing Press is
directed to identify the vacancies between 1991 and 2003 in the
Group-D/Class-IV posts other than “Gatemen”. This exercise shall be
completed within four months. The vacancies thus identified shall be
filled-up on regular basis from amongst the daily-wage Group-D/Class-
IV employees in service in the Government Press as on 12.11.1997 and
who can work at least for five years as on date, before their
superannuation as per Rules. The qualification shall be determined as
per the 1985 Rules. This exercise shall be completed within another
one month. We make it clear that in the process, none of the existing
regular employees including the selected gatemen shall be disturbed.
In other words, it will be open to the State to appoint such employees
and post them either in the vacancies if available in the Government
Press or any other Group-D/Class-IV posts in the State. We further
make it clear that without completing this exercise, there shall be no
regular appointment in any Group-D/Class-IV posts in the State of
Uttar Pradesh.
19. The judgment under appeal stands modified to the above extent. The
appeals are disposed of as above.
20. There is no order as to costs.
2014 (March. Part )judis.nic.in/supremecourt/filename=41303
H.L. GOKHALE, KURIAN JOSEPH
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NOS. 3339-3340 OF 2014
(Arising from S.L.P. (C) Nos. 13340-13341/2010)
Director, Printing and Stationary Department,
U.P. Government Press and others … Appellant (s)
Versus
Moti Lal and others … Respondent (s)
WITH
CIVIL APPEAL NO. 3341 OF 2014
(Arising from S.L.P. (C) No. 35522/2010)
Girendra Singh and others … Appellant (s)
Versus
State of U.P. and others … Respondent
(s)
J U D G M E N T
KURIAN, J.:
Leave granted.
2. Both the appeals arise from the same judgment and hence they are
disposed of by a common judgment.
3. The challenge is to the judgment of the High Court of Judicature at
Allahabad wherein the Director of Government Press was directed to
consider regularization of daily-wage employees in Group-D as per
Rules promulgated in December, 2001. The case has a chequered history.
4. The daily-wage Group-D employees were being engaged in the Government
Press during 1985-1991. U. P. Group-‘D’ Employees Service Rules, 1985
consists of the following posts - Peon, Messenger, Chowkidar, Mali,
Farash, Sweeper, Waterman, Bhisti, Tindal, Thelaman, Record-lifter and
every other non-technical post.
5. The writ petitioners before the High Court through their union filed
Writ Petition No. 7034 of 1992 titled “Pradeshik Rajkiya Mudralaya
Karamchari Samanwaya Samiti, U.P., Aish Bagh, Lucknow through its
Secretary v. State of U.P. and others”, seeking regularization. The
said writ petition was disposed of by judgment dated 02.12.1993. The
High Court thought it fit to frame a scheme so as to avoid recurrence
of such disputes. That judgment was challenged before this Court.
While the matter was pending before this Court, the Government took a
decision on 12.11.1997 proposing to regularize them in service, giving
them, if required, relaxation in age. For easy reference, we may
extract the relevant portion of the decision:
“(1) The numbers of reserved category post is to be calculated on the
basis of persons working in Class-IV category in the Government
Printing Press, and it has to be seen that how many posts are
lying vacant. Whatever steps are taken by the department to fill
the vacant said posts, those persons who are working on daily
wages basis and are qualified otherwise may be considered for
interview and if the successful candidates requires age
relaxation, the same shall be considered at the Government level
sympathetically. Similarly, the posts reserved for backward
class is to be filled up from the backward class candidates
working on the daily wages basis as per the conditions mentioned
above.”
(Emphasis supplied)
6. The said decision was conveyed to this Court and thus, Civil Appeal
No. 6326 of 1994 was disposed of on 26.11.1997. The order reads as
follows:
“The appellants have filed an affidavit dated 15th of November, 1997
and have annexed to their affidavit a circular which has been issued
by them on 12.11.1997 setting out a scheme for giving regular
employment to daily rated workers in the Government Printing Press at
Lucknow giving them preference for absorption in regular vacant posts
of Class-IV category in the Government Printing Press. The scheme also
provides for relaxation of age limit for absorption. In paragraph 1 of
the scheme it is stated that relaxation in age limit will, where
necessary, be sympathetically considered at the Government level. We
take this as willingness on (sic) the part of the Government to grant
such age relaxation in all suitable cases wherever required. In view
of the scheme which is now being proposed no further orders are
required in the appeal. The impugned order of the High Court under
which the High Court has provided a scheme is, therefore, set aside
and the present appeal is disposed of.”
(Emphasis supplied)
7. It appears, for quite some time, no serious steps were taken. On
02.06.2001, the Secretary to the Government wrote to the Director of
Printing and Stationary to take immediate steps in compliance with the
judgment of this Court, in the matter of regularization. Being a
crucial document, we shall extract the relevant portion of the said
communication dated 02.06.2001:
“Industries Deptt. Division-2
Lucknow : dated 2.6.2001
Subject : With regard to give regular appointment in the vacant
Group-D post in the Government Press to the present daily
wages employees.
Sir,
On the above cited subject, in pursuance of the G.O. No.
2777/PS/18-8-1(1) PS/96 dated 12.11.97 and in compliance of the order
dated 26.11.1997 passed by the Hon’ble Supreme Court of India a G.O.
No. 620 PS/18-8-20 (31) PS/93 dated 15.4.1998, I have been directed to
state that inspite of clear cut instructions of Government for the
regular appointment of the present daily wages employees working the
Government Press to the extent of available vacancies in the Group-D
post, no action has been taken for such a long time is highly
objectionable. Non action by you and your subordinate officers,
inspite of having clear cut instructions of Government and the order
of the Hon’ble Supreme Court of India could have created a difficulty
for the government of non compliance of the order of Hon’ble Supreme
court and a serious situation could have arisen before the Government.
With regard to above, I have been directed to state that in
pursuance of the above G.O. the present daily wages employees working
in the Government Press, steps may be taken to given them regular
appointments on the Group-D posts in accordance with the applicable
service rules.
(2) The proposal of giving age relaxation to the candidates declared
successful in the interview may be sent to the government.
(3) To ensure the reservation policy as per the related provisions
of Rules, shall be the personal responsibilities of your and officer
who would be appointed as Appointing Authority.
(4) The regularization of suitable candidates of Schedule Caste/
Schedule Tribe, Backward Class and General Class shall be made in the
proportion and priority to the extent of availability of the vacancies
in the said class as has been desired in the above Government Orders.
I have been also directed to State that the above said process
may be completed within a month and compliance may be reported to the
government.”
(Emphasis supplied)
8. It was clarified subsequently by letter dated 24.09.2001 that the
benefit of regularization should be given to daily-wage employees
working as on 12.11.1997.
9. It appears, instead of taking steps for filling-up the Group-D posts
by the eligible candidates working on daily-wage basis, an attempt was
made to fill-up the post of “Gatemen” in the Press in purported
compliance of the judgment of this Court. It may be noted that the
post of “Gatemen” carried different pay-scale with different
educational and other qualifications. To quote from the letter dated
29.10.2001:
“Industries Department, Division-2
Lucknow: Dated 29th October, 2001
Subject : With regard to regular appointment of the daily wages
employees against the vacant posts of Gatemen in the
Government Printing Press.
Sir,
Please refer to your letter No. Est. 726 dated 30.7.2001 vide which
vacant post of Gatemen pay scale 2550-3200 sought to be included for
the absorption /regularization of the daily wages employees of the
Government Printing Press working on Class-IV post in compliance of
the order dated 26.11.1997 passed by the Hon’ble Supreme Court in
Civil Appeal 6326 of 1994.
With regard to above, I have been directed to state that in
compliance of the Hon’ble Supreme Court’s order and considering the
existing circumstances, government had decided, steps may be taken to
expeditiously fill up the vacant posts of the Gatemen by
selection/regularizing services of such daily wages Class-IV employees
working in the department who fulfill the following criteria of
educational qualification and physical standard:
(1) Educational qualification : High School from
the Secondary
Educational Council, U.P.
(2) Physical fitness : Physically and
mentally fit, certified by the
Chief Medical Officer.
(3) The measurement of height and chest to determine the physical
standard (sic):
(1) Height : 167 CM
(2) Chest without swelling : 81 CM
(3) Chest getting swelled : 88.3 CM”
(Emphasis supplied)
10. It may be noted in this context that qualification for the Group-
D/Class-IV posts as on the date of judgment of this Court or even on
the government order dated 02.06.2001 was only pass in class IV
examination, as per 1985 Rules. It is also pertinent in this context
to note that the post of “Gatemen” was not included in the Group-
D/Class-IV posts as on that date.
11. By the time the process for selection to the post of “Gateman”
commenced, the State came with a new set of Rules for regularization
of daily-wage employees in Group-D/Class-IV, viz., Uttar Pradesh
Regularization of Daily Wages Appointments on Group-‘D’ Posts Rules,
2001. Rule 4 of the said Rules, to the extent relevant, reads as
follows:
“4. Regularisation of daily wages appointments on Group ‘D’ posts.-(1)
Any person who-
(a) was directly appointed on daily wage basis on a Group ‘D’ post in
the Government service before June 29, 1991 and is continuing in
service as such on the date of commencement of these Rules; and
(b) possessed requisite qualification prescribed for regular
appointment for that post at the time of such appointment on daily
wage basis under the relevant Service Rules, shall be considered for
regular appointment in permanent or temporary vacancy, as may be
available in Group ‘D’ post, on the date of commencement of these
Rules on the basis of his record and suitability before any regular
appointment is made in such vacancy in accordance with the relevant
Service rules or Orders.”
(Emphasis supplied)
12. The writ petitioners contended that the vacancies in the post of
“Gatemen” should be filled-up only as per 2001 Rules. The contention
was upheld leading to the impugned judgment. The High Court took the
view that when the selection for appointment to the post of “Gatemen”
was conducted, the 2001 Rules were in operation and hence, any
selection could only be made in accordance with those Rules and not as
per the government instructions dated 29.10.2001.
13. Thus aggrieved, the Director of Printing Press and the candidates
already selected and appointed to the post of “Gatemen” in terms of
the communication dated 29.10.2001 are before this Court.
14. It is the main contention of the appellants that “Gatemen” is not a
post born in the cadre of Group-D. It is a separate cadre with
different job requirements and hence, the qualification and other
requirements are laid down separately. But the writ petitioners,
respondents herein contended that “Gatemen” is only a Group-D/Class-IV
post and it is interchangeable with other Group-D/Class-IV posts and
is actually being interchanged also among other Group-D/Class-IV
posts. It is further contended that this Court having been made to
understand that the existing vacancies in Group-D/Class-IV posts in
the Government Press would be filled-up as per the then existing
Rules, after giving age relaxation, it is unjust and unfair to fill-
up the post of “Gatemen” on prescribing different qualification.
15. It is seen that some of the respondents herein also participated in
the selection. However, they were rejected either on the ground of not
possessing the requisite qualification or on account of lacking in the
required physical fitness.
16. Be that as it may, the history of the case as we have exposed above
would show that the demand of the daily-wage Group-D/ Class-IV
employees working in the Government Press during 1991-1992 had been
accepted in principle by the Government and the Government had issued
appropriate directions to accord relaxation in age. This Court was
made to believe that steps in that regard would be taken and thus only
the Civil Appeal was disposed of by judgment dated 26.11.1997. We find
that no meaningful steps have been taken in that regard. Instead, the
vacancies to the post of “Gatemen” have been filled-up with a
different qualification. Many of the Group-D/Class-IV employees could
not succeed either on account of educational qualification or on
account of physical fitness. At the risk of redundancy, we may note
that such requirements as prescribed by the order dated 29.10.2011 for
the post of “Gatemen” were not there in 1985 Rules ruling the field as
on the date of the decision of the Government dated 02.06.2001 for
filling-up the vacancies in the Government Press.
17. The categoric stand taken by the Government before this Court is that
the post of “Gatemen” does not belong to Group-D and that it was a
separate selection. Despite several queries, no satisfactory
explanation is forthcoming as to when the post of “Gatemen” was
created, how many posts were created and whether the same formed part
of the existing Group-D/Class-IV category or not. The Government has
taken a very evasive stand before this Court in that regard.
18. Be that as it may, in view of the position as explained above, we are
of the view that the interest of justice would be met and complete
justice can be done if an appropriate direction is issued to fill-up
the posts in Group-D/Class-IV category in the Government Press in the
State of Uttar Pradesh from amongst the daily-wage employees in
service as on 12.11.1997. The Director of the Printing Press is
directed to identify the vacancies between 1991 and 2003 in the
Group-D/Class-IV posts other than “Gatemen”. This exercise shall be
completed within four months. The vacancies thus identified shall be
filled-up on regular basis from amongst the daily-wage Group-D/Class-
IV employees in service in the Government Press as on 12.11.1997 and
who can work at least for five years as on date, before their
superannuation as per Rules. The qualification shall be determined as
per the 1985 Rules. This exercise shall be completed within another
one month. We make it clear that in the process, none of the existing
regular employees including the selected gatemen shall be disturbed.
In other words, it will be open to the State to appoint such employees
and post them either in the vacancies if available in the Government
Press or any other Group-D/Class-IV posts in the State. We further
make it clear that without completing this exercise, there shall be no
regular appointment in any Group-D/Class-IV posts in the State of
Uttar Pradesh.
19. The judgment under appeal stands modified to the above extent. The
appeals are disposed of as above.
20. There is no order as to costs.
..…….…..…………J.
(H. L. GOKHALE)
..……………………J.
(KURIAN JOSEPH)
New Delhi;
March 7, 2014.
ITEM NO.1A COURT NO.11 SECTION XI
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Civil Appeal No. _______ of 2014 @
Petition(s) for Special Leave to Appeal (Civil) No(s).13340-13341/2010
DIR. PRINT.& STAT.DEP.U.P.GOVT.PRESS&ORS. Petitioner(s)
VERSUS
MOTI LAL & ORS. Respondent(s)
WITH
C.A. No. _____ of 2014 @ SLP(C) NO. 35522 of 2010
Date: 07/03/2014 These matters were called on for Judgment today.
For Petitioner(s) Mr. Pramod Swarup,Sr.Adv.
Ms. Pareena Swarup,Adv.
Ms. Alka Sinha,Adv.
for Mr. Anuvrat Sharma,Adv.
Mr. S.R. Singh,Sr.Adv.
Mr. D.N. Dubey,Adv.
Mr. Avnish Singh,Adv.
Mr. Rajesh Srivastava,Adv.
Mr. Sushant K. Yadav,Adv.
For Mr. Yash Pal Dhingra,Adv.
For Respondent(s) Mr. Manoj Swarup,Adv.
Ms. Lalita Kohli,Adv.
Mr. Abhishek Swarup,Adv.
for M/S. Manoj Swarup & Co.,Advs.
Mr. Yatish Mohan,Adv.
Ms. Vinita Y. Mohan,Adv.
Ms. Archana Gaur,Adv.
Mr. Anand Bali,Adv.
for Mr. E.C. Vidya Sagar,Adv.
Ms. N. Annapoorani,Adv.
Mr. Avijit Bhushan,Adv.
Hon'ble Mr. Justice Kurian Joseph pronounced the judgment
of the Bench comprising Hon'ble Mr. Justice H.L. Gokhale and His
Lordship.
Leave granted.
The appeals are disposed of, with no order as to costs.
[ Neeta ] [ Usha Sharma]
Sr. P.A. Court Master
(Signed non-reportable Judgment is placed on the file)
-----------------------
NON-REPORTABLE
-----------------------
13
Director of Government Press was directed to
consider regularization of daily-wage employees in Group-D as per
Rules promulgated in December, 2001.The daily-wage Group-D employees were being engaged in the Government Press during 1985-1991. U. P. Group-‘D’ Employees Service Rules, 1985
consists of the following posts - Peon, Messenger, Chowkidar, Mali,Farash, Sweeper, Waterman, Bhisti, Tindal, Thelaman, Record-lifter and every other non-technical post.
=
The categoric stand taken by the Government before this Court is that
the post of “Gatemen” does not belong to Group-D and that it was a
separate selection. Despite several queries, no satisfactory
explanation is forthcoming as to when the post of “Gatemen” was
created, how many posts were created and whether the same formed part
of the existing Group-D/Class-IV category or not. The Government has
taken a very evasive stand before this Court in that regard.
18. Be that as it may, in view of the position as explained above, we are
of the view that the interest of justice would be met and complete
justice can be done if an appropriate direction is issued to fill-up
the posts in Group-D/Class-IV category in the Government Press in the
State of Uttar Pradesh from amongst the daily-wage employees in
service as on 12.11.1997. The Director of the Printing Press is
directed to identify the vacancies between 1991 and 2003 in the
Group-D/Class-IV posts other than “Gatemen”. This exercise shall be
completed within four months. The vacancies thus identified shall be
filled-up on regular basis from amongst the daily-wage Group-D/Class-
IV employees in service in the Government Press as on 12.11.1997 and
who can work at least for five years as on date, before their
superannuation as per Rules. The qualification shall be determined as
per the 1985 Rules. This exercise shall be completed within another
one month. We make it clear that in the process, none of the existing
regular employees including the selected gatemen shall be disturbed.
In other words, it will be open to the State to appoint such employees
and post them either in the vacancies if available in the Government
Press or any other Group-D/Class-IV posts in the State. We further
make it clear that without completing this exercise, there shall be no
regular appointment in any Group-D/Class-IV posts in the State of
Uttar Pradesh.
19. The judgment under appeal stands modified to the above extent. The
appeals are disposed of as above.
20. There is no order as to costs.
2014 (March. Part )judis.nic.in/supremecourt/filename=41303
H.L. GOKHALE, KURIAN JOSEPH
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NOS. 3339-3340 OF 2014
(Arising from S.L.P. (C) Nos. 13340-13341/2010)
Director, Printing and Stationary Department,
U.P. Government Press and others … Appellant (s)
Versus
Moti Lal and others … Respondent (s)
WITH
CIVIL APPEAL NO. 3341 OF 2014
(Arising from S.L.P. (C) No. 35522/2010)
Girendra Singh and others … Appellant (s)
Versus
State of U.P. and others … Respondent
(s)
J U D G M E N T
KURIAN, J.:
Leave granted.
2. Both the appeals arise from the same judgment and hence they are
disposed of by a common judgment.
3. The challenge is to the judgment of the High Court of Judicature at
Allahabad wherein the Director of Government Press was directed to
consider regularization of daily-wage employees in Group-D as per
Rules promulgated in December, 2001. The case has a chequered history.
4. The daily-wage Group-D employees were being engaged in the Government
Press during 1985-1991. U. P. Group-‘D’ Employees Service Rules, 1985
consists of the following posts - Peon, Messenger, Chowkidar, Mali,
Farash, Sweeper, Waterman, Bhisti, Tindal, Thelaman, Record-lifter and
every other non-technical post.
5. The writ petitioners before the High Court through their union filed
Writ Petition No. 7034 of 1992 titled “Pradeshik Rajkiya Mudralaya
Karamchari Samanwaya Samiti, U.P., Aish Bagh, Lucknow through its
Secretary v. State of U.P. and others”, seeking regularization. The
said writ petition was disposed of by judgment dated 02.12.1993. The
High Court thought it fit to frame a scheme so as to avoid recurrence
of such disputes. That judgment was challenged before this Court.
While the matter was pending before this Court, the Government took a
decision on 12.11.1997 proposing to regularize them in service, giving
them, if required, relaxation in age. For easy reference, we may
extract the relevant portion of the decision:
“(1) The numbers of reserved category post is to be calculated on the
basis of persons working in Class-IV category in the Government
Printing Press, and it has to be seen that how many posts are
lying vacant. Whatever steps are taken by the department to fill
the vacant said posts, those persons who are working on daily
wages basis and are qualified otherwise may be considered for
interview and if the successful candidates requires age
relaxation, the same shall be considered at the Government level
sympathetically. Similarly, the posts reserved for backward
class is to be filled up from the backward class candidates
working on the daily wages basis as per the conditions mentioned
above.”
(Emphasis supplied)
6. The said decision was conveyed to this Court and thus, Civil Appeal
No. 6326 of 1994 was disposed of on 26.11.1997. The order reads as
follows:
“The appellants have filed an affidavit dated 15th of November, 1997
and have annexed to their affidavit a circular which has been issued
by them on 12.11.1997 setting out a scheme for giving regular
employment to daily rated workers in the Government Printing Press at
Lucknow giving them preference for absorption in regular vacant posts
of Class-IV category in the Government Printing Press. The scheme also
provides for relaxation of age limit for absorption. In paragraph 1 of
the scheme it is stated that relaxation in age limit will, where
necessary, be sympathetically considered at the Government level. We
take this as willingness on (sic) the part of the Government to grant
such age relaxation in all suitable cases wherever required. In view
of the scheme which is now being proposed no further orders are
required in the appeal. The impugned order of the High Court under
which the High Court has provided a scheme is, therefore, set aside
and the present appeal is disposed of.”
(Emphasis supplied)
7. It appears, for quite some time, no serious steps were taken. On
02.06.2001, the Secretary to the Government wrote to the Director of
Printing and Stationary to take immediate steps in compliance with the
judgment of this Court, in the matter of regularization. Being a
crucial document, we shall extract the relevant portion of the said
communication dated 02.06.2001:
“Industries Deptt. Division-2
Lucknow : dated 2.6.2001
Subject : With regard to give regular appointment in the vacant
Group-D post in the Government Press to the present daily
wages employees.
Sir,
On the above cited subject, in pursuance of the G.O. No.
2777/PS/18-8-1(1) PS/96 dated 12.11.97 and in compliance of the order
dated 26.11.1997 passed by the Hon’ble Supreme Court of India a G.O.
No. 620 PS/18-8-20 (31) PS/93 dated 15.4.1998, I have been directed to
state that inspite of clear cut instructions of Government for the
regular appointment of the present daily wages employees working the
Government Press to the extent of available vacancies in the Group-D
post, no action has been taken for such a long time is highly
objectionable. Non action by you and your subordinate officers,
inspite of having clear cut instructions of Government and the order
of the Hon’ble Supreme Court of India could have created a difficulty
for the government of non compliance of the order of Hon’ble Supreme
court and a serious situation could have arisen before the Government.
With regard to above, I have been directed to state that in
pursuance of the above G.O. the present daily wages employees working
in the Government Press, steps may be taken to given them regular
appointments on the Group-D posts in accordance with the applicable
service rules.
(2) The proposal of giving age relaxation to the candidates declared
successful in the interview may be sent to the government.
(3) To ensure the reservation policy as per the related provisions
of Rules, shall be the personal responsibilities of your and officer
who would be appointed as Appointing Authority.
(4) The regularization of suitable candidates of Schedule Caste/
Schedule Tribe, Backward Class and General Class shall be made in the
proportion and priority to the extent of availability of the vacancies
in the said class as has been desired in the above Government Orders.
I have been also directed to State that the above said process
may be completed within a month and compliance may be reported to the
government.”
(Emphasis supplied)
8. It was clarified subsequently by letter dated 24.09.2001 that the
benefit of regularization should be given to daily-wage employees
working as on 12.11.1997.
9. It appears, instead of taking steps for filling-up the Group-D posts
by the eligible candidates working on daily-wage basis, an attempt was
made to fill-up the post of “Gatemen” in the Press in purported
compliance of the judgment of this Court. It may be noted that the
post of “Gatemen” carried different pay-scale with different
educational and other qualifications. To quote from the letter dated
29.10.2001:
“Industries Department, Division-2
Lucknow: Dated 29th October, 2001
Subject : With regard to regular appointment of the daily wages
employees against the vacant posts of Gatemen in the
Government Printing Press.
Sir,
Please refer to your letter No. Est. 726 dated 30.7.2001 vide which
vacant post of Gatemen pay scale 2550-3200 sought to be included for
the absorption /regularization of the daily wages employees of the
Government Printing Press working on Class-IV post in compliance of
the order dated 26.11.1997 passed by the Hon’ble Supreme Court in
Civil Appeal 6326 of 1994.
With regard to above, I have been directed to state that in
compliance of the Hon’ble Supreme Court’s order and considering the
existing circumstances, government had decided, steps may be taken to
expeditiously fill up the vacant posts of the Gatemen by
selection/regularizing services of such daily wages Class-IV employees
working in the department who fulfill the following criteria of
educational qualification and physical standard:
(1) Educational qualification : High School from
the Secondary
Educational Council, U.P.
(2) Physical fitness : Physically and
mentally fit, certified by the
Chief Medical Officer.
(3) The measurement of height and chest to determine the physical
standard (sic):
(1) Height : 167 CM
(2) Chest without swelling : 81 CM
(3) Chest getting swelled : 88.3 CM”
(Emphasis supplied)
10. It may be noted in this context that qualification for the Group-
D/Class-IV posts as on the date of judgment of this Court or even on
the government order dated 02.06.2001 was only pass in class IV
examination, as per 1985 Rules. It is also pertinent in this context
to note that the post of “Gatemen” was not included in the Group-
D/Class-IV posts as on that date.
11. By the time the process for selection to the post of “Gateman”
commenced, the State came with a new set of Rules for regularization
of daily-wage employees in Group-D/Class-IV, viz., Uttar Pradesh
Regularization of Daily Wages Appointments on Group-‘D’ Posts Rules,
2001. Rule 4 of the said Rules, to the extent relevant, reads as
follows:
“4. Regularisation of daily wages appointments on Group ‘D’ posts.-(1)
Any person who-
(a) was directly appointed on daily wage basis on a Group ‘D’ post in
the Government service before June 29, 1991 and is continuing in
service as such on the date of commencement of these Rules; and
(b) possessed requisite qualification prescribed for regular
appointment for that post at the time of such appointment on daily
wage basis under the relevant Service Rules, shall be considered for
regular appointment in permanent or temporary vacancy, as may be
available in Group ‘D’ post, on the date of commencement of these
Rules on the basis of his record and suitability before any regular
appointment is made in such vacancy in accordance with the relevant
Service rules or Orders.”
(Emphasis supplied)
12. The writ petitioners contended that the vacancies in the post of
“Gatemen” should be filled-up only as per 2001 Rules. The contention
was upheld leading to the impugned judgment. The High Court took the
view that when the selection for appointment to the post of “Gatemen”
was conducted, the 2001 Rules were in operation and hence, any
selection could only be made in accordance with those Rules and not as
per the government instructions dated 29.10.2001.
13. Thus aggrieved, the Director of Printing Press and the candidates
already selected and appointed to the post of “Gatemen” in terms of
the communication dated 29.10.2001 are before this Court.
14. It is the main contention of the appellants that “Gatemen” is not a
post born in the cadre of Group-D. It is a separate cadre with
different job requirements and hence, the qualification and other
requirements are laid down separately. But the writ petitioners,
respondents herein contended that “Gatemen” is only a Group-D/Class-IV
post and it is interchangeable with other Group-D/Class-IV posts and
is actually being interchanged also among other Group-D/Class-IV
posts. It is further contended that this Court having been made to
understand that the existing vacancies in Group-D/Class-IV posts in
the Government Press would be filled-up as per the then existing
Rules, after giving age relaxation, it is unjust and unfair to fill-
up the post of “Gatemen” on prescribing different qualification.
15. It is seen that some of the respondents herein also participated in
the selection. However, they were rejected either on the ground of not
possessing the requisite qualification or on account of lacking in the
required physical fitness.
16. Be that as it may, the history of the case as we have exposed above
would show that the demand of the daily-wage Group-D/ Class-IV
employees working in the Government Press during 1991-1992 had been
accepted in principle by the Government and the Government had issued
appropriate directions to accord relaxation in age. This Court was
made to believe that steps in that regard would be taken and thus only
the Civil Appeal was disposed of by judgment dated 26.11.1997. We find
that no meaningful steps have been taken in that regard. Instead, the
vacancies to the post of “Gatemen” have been filled-up with a
different qualification. Many of the Group-D/Class-IV employees could
not succeed either on account of educational qualification or on
account of physical fitness. At the risk of redundancy, we may note
that such requirements as prescribed by the order dated 29.10.2011 for
the post of “Gatemen” were not there in 1985 Rules ruling the field as
on the date of the decision of the Government dated 02.06.2001 for
filling-up the vacancies in the Government Press.
17. The categoric stand taken by the Government before this Court is that
the post of “Gatemen” does not belong to Group-D and that it was a
separate selection. Despite several queries, no satisfactory
explanation is forthcoming as to when the post of “Gatemen” was
created, how many posts were created and whether the same formed part
of the existing Group-D/Class-IV category or not. The Government has
taken a very evasive stand before this Court in that regard.
18. Be that as it may, in view of the position as explained above, we are
of the view that the interest of justice would be met and complete
justice can be done if an appropriate direction is issued to fill-up
the posts in Group-D/Class-IV category in the Government Press in the
State of Uttar Pradesh from amongst the daily-wage employees in
service as on 12.11.1997. The Director of the Printing Press is
directed to identify the vacancies between 1991 and 2003 in the
Group-D/Class-IV posts other than “Gatemen”. This exercise shall be
completed within four months. The vacancies thus identified shall be
filled-up on regular basis from amongst the daily-wage Group-D/Class-
IV employees in service in the Government Press as on 12.11.1997 and
who can work at least for five years as on date, before their
superannuation as per Rules. The qualification shall be determined as
per the 1985 Rules. This exercise shall be completed within another
one month. We make it clear that in the process, none of the existing
regular employees including the selected gatemen shall be disturbed.
In other words, it will be open to the State to appoint such employees
and post them either in the vacancies if available in the Government
Press or any other Group-D/Class-IV posts in the State. We further
make it clear that without completing this exercise, there shall be no
regular appointment in any Group-D/Class-IV posts in the State of
Uttar Pradesh.
19. The judgment under appeal stands modified to the above extent. The
appeals are disposed of as above.
20. There is no order as to costs.
..…….…..…………J.
(H. L. GOKHALE)
..……………………J.
(KURIAN JOSEPH)
New Delhi;
March 7, 2014.
ITEM NO.1A COURT NO.11 SECTION XI
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Civil Appeal No. _______ of 2014 @
Petition(s) for Special Leave to Appeal (Civil) No(s).13340-13341/2010
DIR. PRINT.& STAT.DEP.U.P.GOVT.PRESS&ORS. Petitioner(s)
VERSUS
MOTI LAL & ORS. Respondent(s)
WITH
C.A. No. _____ of 2014 @ SLP(C) NO. 35522 of 2010
Date: 07/03/2014 These matters were called on for Judgment today.
For Petitioner(s) Mr. Pramod Swarup,Sr.Adv.
Ms. Pareena Swarup,Adv.
Ms. Alka Sinha,Adv.
for Mr. Anuvrat Sharma,Adv.
Mr. S.R. Singh,Sr.Adv.
Mr. D.N. Dubey,Adv.
Mr. Avnish Singh,Adv.
Mr. Rajesh Srivastava,Adv.
Mr. Sushant K. Yadav,Adv.
For Mr. Yash Pal Dhingra,Adv.
For Respondent(s) Mr. Manoj Swarup,Adv.
Ms. Lalita Kohli,Adv.
Mr. Abhishek Swarup,Adv.
for M/S. Manoj Swarup & Co.,Advs.
Mr. Yatish Mohan,Adv.
Ms. Vinita Y. Mohan,Adv.
Ms. Archana Gaur,Adv.
Mr. Anand Bali,Adv.
for Mr. E.C. Vidya Sagar,Adv.
Ms. N. Annapoorani,Adv.
Mr. Avijit Bhushan,Adv.
Hon'ble Mr. Justice Kurian Joseph pronounced the judgment
of the Bench comprising Hon'ble Mr. Justice H.L. Gokhale and His
Lordship.
Leave granted.
The appeals are disposed of, with no order as to costs.
[ Neeta ] [ Usha Sharma]
Sr. P.A. Court Master
(Signed non-reportable Judgment is placed on the file)
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NON-REPORTABLE
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