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| HC directs regularization of ASI casuals with 10-yr service | | | Early Times Report
Srinagar, Nov 14: The J&K Court has directed Archaeological Survey of India (ASI) to accord consideration to the regularization of services of the petitioners, initially engaged as monument attendants/casual labourers, from the date they have completed 10 years' continuous service.
A bench of Justice Ali Mohammad Magrey directed that the petitioners be given the same treatment as has been provided to the similarly situated casual labourers.
Further, the court directed that the petitioners shall consider the release of pay scale in favour of them. "The needful shall be done within a period of three months from the date copy of this judgment is received by the respondents," the court said.
In their plea, the petitioners had stated that they were engaged as monument attendants/casual labourers way back in 1990 in the department of ASI and are continuing till date.
It is submitted that the petitioners rendered their services in the respondent department continuously and without any break as their services are required in the department. The petitioners on the strength of their continued service in the department sought a direction from the court commanding the respondents to consider their case for regularization.
It is submitted that the continuous performance of the duties by the petitioners for such a long time suggests that there is permanent availability of the job with the respondent department. They also submitted that the respondent department without any reason or justification has continued the petitioners as casual labourers and accorded them the status of temporary nature vide order dated 12.5.2014 and are being paid 1/30th of minimum pay of the pay scale plus DA per month.
In reply, the respondents submitted that the petitioners have no cause of action to invoke the writ jurisdiction of the high court. It is stated that the petitioners were engaged in 1990 but they remained disengaged for a period of more than two years with effect from 10.10.1992, hence they have not rendered continuous service since 1990.
"The fundamental question that arises for consideration of this court is that if the petitioners were found ineligible for regularization under the "Casual Labourers (Grant of Temporary Status and Regularization) Scheme of India 1993, as they were not in the employment of the respondent department in the year 1993, when the scheme was launched, would they be rendered ineligible for being considered for regularization for all times to come?" the court said. |
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