Case Note & Summary
The case involves nine appellants who were appointed as part-time sweepers (Swachchkar) in the Veterinary Department of Madhya Pradesh under a Special Recruitment Drive initiated in 1996 to fill backlog posts reserved for Scheduled Castes, Scheduled Tribes, and Other Backward Classes. They were appointed between 2006 and 2007 by orders of the Deputy Director, Veterinary Services, based on recommendations of a Selection Committee, at rates prescribed by the Collector. The appointments were made against sanctioned posts in the Work Charged Contingency Paid Establishment. The appellants claimed entitlement to regular pay scale under Clause 6 of a circular dated 10.05.1984, which provided that employees initially appointed on fixed wages for three years would thereafter be considered temporary employees and entitled to revised pay scale. They relied on the case of Ram Naresh Prajapati, where similarly situated part-time sweepers were granted regular pay scale by the High Court, and the State's appeal against that decision was dismissed by the Supreme Court with costs. The appellants' representations for regular pay scale were rejected by the competent authority on 15.11.2016. They then filed a writ petition before the High Court, which was dismissed by a Single Judge on 09.05.2019. The Division Bench in Writ Appeal No.1486/2019 dismissed the appeal on 02.12.2019, distinguishing the appellants' case from Ram Naresh Prajapati on the ground that the appellants were appointed as part-time sweepers, not as regular employees. The review petition was also dismissed on 10.12.2021. The Supreme Court, after hearing both sides, found that the appellants were similarly situated to the employees in Ram Naresh Prajapati. The Court noted that the appellants were appointed through a valid Selection Committee, on sanctioned posts, and had completed three years of service. The Court held that the Division Bench erred in distinguishing the cases and that the appellants were entitled to regular pay scale under Clause 6 of the circular dated 10.05.1984. The Supreme Court allowed the appeals, set aside the impugned judgments, and directed the State to grant regular pay scale to the appellants from the date they completed three years of service, with consequential benefits, within three months.
Headnote
A) Service Law - Regular Pay Scale - Circular dated 10.05.1984 - Clause 6 - Special Recruitment Drive - The appellants, appointed as part-time sweepers under a Special Recruitment Drive for backlog posts, claimed regular pay scale after completing three years of service. The High Court denied the benefit, distinguishing their case from Ram Naresh Prajapati. The Supreme Court held that the appellants were similarly situated to the employees in Ram Naresh Prajapati, as they were appointed through a valid Selection Committee, on sanctioned posts, and completed three years of service. The Court set aside the High Court's judgment and directed the State to grant regular pay scale from the date of completion of three years of service, with consequential benefits. (Paras 10-14) B) Service Law - Regularisation - Circular dated 07.10.2016 - The Court noted that the State's circular dated 07.10.2016 provided for regularisation of daily wage employees working since 16.05.2007, but did not base its decision on this circular, instead relying on the 1984 circular. (Para 8) C) Service Law - Precedent - Ram Naresh Prajapati v. State of M.P. - The Supreme Court held that the Division Bench erred in distinguishing the appellants' case from Ram Naresh Prajapati, as the facts were similar: both groups were appointed under the Special Recruitment Drive, through a Selection Committee, on sanctioned posts, and completed three years of service. The Court directed that the benefit of regular pay scale be extended to the appellants. (Paras 10-14)
Issue of Consideration
Whether the appellants, appointed as part-time sweepers under a Special Recruitment Drive, are entitled to regular pay scale under Clause 6 of the circular dated 10.05.1984, similar to the benefit granted in Ram Naresh Prajapati's case.
Final Decision
The Supreme Court allowed the appeals, set aside the impugned judgments of the High Court, and directed the State of Madhya Pradesh to grant regular pay scale to the appellants from the date they completed three years of service, with consequential benefits, within three months.
Law Points
- Regular pay scale
- Circular dated 10.05.1984
- Clause 6
- Special Recruitment Drive
- Part-time sweeper
- Temporary employee
- Three years of service
- Selection Committee
- Collector's rate
- Work-charged contingency paid establishment
