Case Note & Summary
The Supreme Court addressed appeals concerning the regularization of daily-wage employees in the Government Printing Press, arising from a judgment of the Allahabad High Court. The High Court had directed the Director of Government Press to consider regularization of daily-wage employees in Group-D as per rules from December 2001. The daily-wage employees had been engaged from 1985 to 1991, and a writ petition was filed in 1992 seeking regularization. The High Court initially framed a scheme for regularization, which was challenged in the Supreme Court. The Supreme Court noted that the government had proposed regularization in 1997, allowing for age relaxation for eligible candidates. However, despite these directives, no significant action was taken for years. In 2001, the government issued a communication urging compliance with the Supreme Court's order, but instead of filling Group-D posts, it attempted to fill the post of 'Gatemen' with different qualifications. The court highlighted that the post of 'Gatemen' was not part of the Group-D cadre and that the qualifications for this post were not aligned with the existing rules. The court ultimately directed that vacancies in Group-D/Class-IV posts be filled from daily-wage employees in service as of 12.11.1997, adhering to the 1985 Rules, and mandated the completion of this process within specified timelines. The judgment was modified to ensure compliance with these directives, with no costs awarded.
Headnote
A) Employment Law - Regularization of Daily-Wage Employees - Compliance with Supreme Court Orders - Uttar Pradesh Regularization of Daily Wages Appointments on Group-D Posts Rules, 2001 - The court directed the regularization of daily-wage employees in Group-D posts as per the 1985 Rules, emphasizing the need for compliance with previous Supreme Court orders and the importance of filling vacancies from eligible daily-wage employees as of 12.11.1997. Held that the process must be completed within specified timelines without disturbing existing regular employees (Paras 18-19).
Issue of Consideration
Whether the selection for the post of 'Gatemen' should be conducted as per the 2001 Rules or the previous government instructions.
Final Decision
The Supreme Court modified the High Court's judgment, directing the regularization of daily-wage employees in Group-D posts as per the 1985 Rules and mandating the completion of the process within specified timelines.
Law Points
- Regularization of employees
- Group-D posts
- compliance with court orders
- age relaxation
- service rules
