Wednesday, November 7, 2012

OA No 433 / 2011 on ????? -2012



DATED THIS THE     TH  DAY OF .............. ,  2012

HON'BLE Dr. K.B. SURESH          ...         MEMBER(J)


1. B.P. Nagaraj,
   S/o B. Pandurangappa,
   Aged about 47 years,
   Sweeper cum Pump Operator,
   Davanagere Head Post Office,
   R/o Weavers Colony, Erakunte Kondajji Road,
   Davanagere – 577 006.

2..P. Ramanjeya,
   S/o B. Pandurangappa,
   Aged about 40 years,
   Sweeper II, Davanagere Head Post Office,
   R/o Weavers Colony, Erakunte Kondajji Road,
   Davanagere – 577 006.

3. B.S. Kaveramma,
   D/o Bellery Somappa,
   Aged about 43 years,
   Water Woman, Davangere Head Post Office,
   R/o Hubballi Chowdappa Ghalli,
   Davangere577 001.

4. K. Sheik Hussain,
   S/o Md. Safifulla,
   Aged about 38 years,
   Water Boy, Harihara SO,
   R/o 13th Cross, 4th Main, HS Extension,
   Harihara – 577 601.

5. M.S. Nagaraj,
   S/o M.S. Samanna,
   Aged about 45 years,
   Postal Staff Quarters,
   Devaraj Urs Layout, Davangere,
   R/o Vijayanagar Layout,
   Davangere – 577 006.

6.  Syed Rahamatulla,
    S/o Syed Mustaqulla,
    Aged about 37 years,
    Pump Operator, Postal Quarters,
    R/o Near P&T quarters, Holalgere Road,
    Chitradurga – 577 501.

7.  M. Eshappa,
    S/o H. Mallappa,
    Aged about 37 years,
    Water Man, Chitradurga Head Post-Office,
    R/at C/o Srinivas Tailor,
    Laxmi Bazaar, Hassar Mohalla,

8.  Mohammed Babu,
    S/o Abdul Gani Sab,
    Aged about 36 years,
    Sweeper-1, Chitradurga Head Post Office,
    R/o Hassar Mohalla, Chickpet, Chitradurga.

9.  Lakshmi Devamma,
    W/o (Late) H. Hanumanthappa,
    Aged about 45 years,
    Sweeper-1, Chitradurga Head Post Office,
    R/o Behind Karnataka Petrol Bunk,
    Bhovi Colony, Davangere Road,

    S/o Mahalingappa,
    Aged about 37 years,
    Sweeper Cum Gardner,
    Postal Staff Quarters, Chitradurga,
    R/o Matappana Hatti, Siddapur Post,

11.M. Safiulla,
    S/o Syed Mustaqulla,
    Aged about 37 years,
    Pump Operator, Postal Quarters,
    R/o Near P&T Quarters, Holalgere Road,
    Chitradurga – 577 501.                           ...                                 Applicants

(By Advocate Shri B. Veerabhadra)


1. The Superintendent of Post Offices,
    Chitradurga Division, Chitradurga – 577 501.

2.  The Post Master,
    Chitradurga Head Post Office, Chitradurga.

3. The Post Master,
    Davangere Head Post Office, Davangere.

4. The Chief Post Master General,
    Postal, Karnataka Circle, Palace Road,
    Bangalore – 560 001.

5. The Union of India, rep. By its Secretary,
    Department of Posts,
    Minstry of Communication & Information Technology,
    Dak Bhavan, Parliament Street,
    New Delhi – 110 001.                  ...                                 Respondents

(By Advocate Shri M. Rajakumar,
Addl. Central Govt. Standing Counsel)


Hon'ble Smt. Leena Mehendale, Member (A) :

            This OA is filed on 23.9.201 under Section 19 of the Administrative Tribunals Act, 1985.

2.         All the 11 applicants are retired employees of Postal Department.  They were employed as Casual Labourers on contingent basis on various dates and their status as Casual Labour continued till the date of termination.    Their services were utilised on part time basis.

3.         The OA does not come up with adequate information.  The learned counsel for the applicant points out that Annexures-A/6, dated 17.9.1992, A/3, dated 30.11.1992, A/8, dated 30.4.2010 and A/4, dated 29.10.2010, are the various instructions issued by high level authorities in the Government in the nature of policy directives which have resulted in the termination of the applicants.  Having attached these 4 Annexures whose contents would reveal that they deal with the question of Casual part time labourers.  The OA does not give any details of part time job done by the applicants, especially with regard to the number of hours and the exact nature of the jobs.  Annexure-A/1, simply gives the dates on which they started working in diferent offices of the Postal Department and more particularly, at Chitradurga and Davanagere as part time casual labourers.  The said list  does not even furnish the details about the date of termination. 

4.         For the sake of convenience we note the following hierarchy between the casual labourers and Group 'D' employees in a Government Department. 
a)         Regular Group 'D' employees;
b)         Temporary Group 'D' employees;
c)            Casual labourer with temporary status;
d)         Full time casual labourer without temporary status;
e)         Part time casual labourer working for more than 5 hours a day;
f)          Part time casual labourer working for less than 5 hours a day;

            Annexure-A/8, dated 30.4.2010, is the OM issued by the DoPT, which states that in view of the VI CPC recommendations, there would be no further recruitment in Group 'D' and the existing Group 'D' posts will be placed in Group 'C' and will be given multi tasking duties with a common designation.  Pursuant to this, Annexure-A/4, was issued by the Department of Posts drawing attention of the Field Officers to the circular at Annexures-A/2, A/3 and A/8 and asked particularly at para 9 as under:

"9.        It is, therefore, enjoined upon you to undertake an immediate review coveing the following aspecs:

(i)         To examine whether the currently engaged casual      labour were recruited by due process of selection as           per DPOT guidelines.

(ii)        Strict instructions should be given to the Postmasters             and officers in charge for non engaging any casual       labour for regular nature of duties, or whenever the       person vacates the work.

(iii)       The engagement of part time workers as Chowkidars             in house keeping maintainance like   sweeping/      scavenging/ gardening etc. Should be    stopped             forthwith especially the contingency paid           Chowkidars, who are oftenly engaged for extended         hours of duty during the night which has been             adversely commented by the Courts.  Heads of            Circles should find methods for outsourcing these     works at present carried out by contingent staff as             per the guideliens issued by the Directorate." 

5.            The applicants in the OA have not furnished any details as to whether they were employed on Full time or Part time basis and if part time, whether their duty hours were for more than 5 hours or less than 5 hours.  During the period 1992-2010, they must have seen some Part time casual labours working for more than 5 hours being given 8 hour a day duty through combination of tasks and this might have resulted in reduction of their own working hours.  None of these details have been furnished by the applicants.

6.         If it was the case of the applicants that they were not given the benefit of Annexures -A/2 and A/3, then the OA would have been hopelessly time barred.  However, the applicants have impugned only Annexure-A/5 which is a covering letter referring to annexure-A/4 and asking the Field fficers to carry out the exercise forthwith as per para 9 of Annexure-A/4.  They have also impugned Annexure-A/7, dated 18.1.2011, which is an internal communication from the Superintendent of Post Offices of Chitradurga to the various Postmasters in Chitradurga Division, instructing to discharge part-time casual labourers, such as, waterman, Gardener, Pump operator, and attached to Group D, except Sweeper and Scavenger with immediate effect.  However, the applicants did not simply stio at challenging these two orders, but have prayed for all the benefits under Annexure-A/2, dated 16.9.1992.

7.         The applicants have failed to give any details that may have creted in our mind the possibility that they were being employed for more than 5 hours a day.  On the other hand, since they did not agitate for any benefit under Annexure-A/2 during the period 1992-2010, it may be clear that they were engaged for less than 5 hours a day.  We do not even have the details whether they were working every day or once in a while.  The applicants have not been able to furnish any record about their number of days' work in ayear or the details of wages paid to them.  The respondents have submitted that out of the 11 applicants, the applicants at Sl.No.1,2,5,6,8 and 9 have not been discontinued as yet pursuant to Annexure-A/4.  The applicants have also not been able to point out whether they were recruited by due process of selection as per the DoPT guidelines then prevailing.

8.         In view of the above, we find no merit in the OA.  The same is dismissed.  No order as to costs.

                        (LEENA MEHENDALE)                              (K.B.SURESH)
                                 MEMBER (A)                                         MEMBER (J)


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