This Office Memorandum addresses the regularisation of qualified casual workers in Non-Statutory Canteens/Tiffin Rooms located in Central Government Offices. It references previous directives from the Department of Personnel and Training, including O.M. No.49019/1/2006-Estt.(C) dated 11th December, 2006, which requested Ministries/Departments to implement the Supreme Court’s direction to regularize qualified persons appointed against sanctioned posts. The memorandum emphasizes that canteen employees have been declared Government employees since 1991 and are subject to CSS Rules. It instructs Ministries/Departments to examine the regularisation of qualified casual workers who have worked for 10 years or more in duly sanctioned posts, in line with the Supreme Court’s judgement in Secretary, State of Karnataka and Others v/s Uma Devi and Others. A related Office Memorandum No. 49019/1/2006-Esti dated 11th December, 2006, further clarifies the instructions for engagement of casual workers and the Supreme Court’s direction regarding regularisation.
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Priority
No. 3/1/2007-Dir (C)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel and Training
Room No. 361 (3 { }^{rd } Floor),
Lok Nayak Bhavan, Khan Market,
New Delhi, dated 21 /4/2008
OFFICE MEMORANDUM
Subject:- Casual workers in Non-Statutory Canteens/Tiffin Rooms located in Central Government Offices – Regularisation of qualified workers- reg.
The undersigned is directed to refer to this Department’s O.M. of even number dated 24.1.2007 on the above subject and to say that in the said O.M. Ministries/Departments were requested to submit the information showing the number of casual workers working in their Departmental Canteens ( being paid from canteen funds). In response, 24 Ministries/Departments have submitted the information. The matter has further been examined in consultation with the Establishment (C) Desk of this Department in regard to regularization of the qualified workers appointed in the Departmental Canteens against the sanctioned posts in irregular manner. Earlier, Estt.(C) Desk of this Department had issued an O.M. NO.49019/1/2006-Estt.(C ) dated 11^{th } December, 2006 (copy enclosed) requesting all the Ministries/Departments to implement the direction of the Hon’ble Supreme Court to regularize the qualified persons appointed against the sanctioned posts as a one time measure.
- Since, the canteen employees have been declared Govt. employees w.e.f. 1.10.1991 on the basis of the Hon’ble Supreme Court judgement and the Departmental Canteens have become part and parcel of the office from where it has been functioning and all the CSS Rules are applicable to the Canteen employees, the direction, issued by the Hon’ble Supreme Court in Civil Appeal No. 3595 – 3612/1999 etc., in the case of Secretary, State of Karnataka and Others v/s Uma Devi and Others has to be implemented in the case of canteen employees also. Ministries/Departments are requested to examine the whole issue of regularizing the qualified casual workers
engaged in irregular manner in their departmental canteens in terms of the statutory recruitment rules for the post and who have worked for 10 years or more in duly sanctioned posts but not under cover of orders of Courts or Tribunals, as a one time measure on priority basis.
Lal Singh
(Lal Singh)
Director (Canteens)
Tel: 24624893
To
All the Ministries/Departments of the Govt. of India (as per mailing list)
No. 49019/1/2006-Est10
Govt. of India
Ministry of Personnel, Public Grievances & Pensions
(Department of Personnel & Training)
New Delhi, dated the 11th December, 2006
OFFICE MEMORANDUM
Subject: Regularisation of qualified workers appointed against sanctioned posts in irregular manner.
The undersigned is directed to say that the instructions for engagement of casual workers enunciated in this Department’s OM No. 49014/2/86-Est1.(C) dated 7th June, 1988 as amplified from time to time, inter-alia provided that casual workers and persons on daily wages should not be recruited for work of regular nature. They could be engaged only for work of casual or seasonal or intermittent nature, or for work which is not of full time nature for which regular post can not be created. Attention is also invited to this Department’s OM No. 28036/1/2001-Est1. (D) dated 23rd July, 2001 wherein it was provided that no appointment shall be made on ad hoc basis by direct recruitment from open market.
- A Constitution bench of the Supreme Court is still appeal No. 3595-3612/1999, etc. in the case of Secretary State of Karnataka and Ors. Vs. Uma Devi, and others has reiterated that any public appointment has to be in terms of the Constitutional scheme. However, the Supreme Court in para 44 of the aforesaid judgement dated 10.4.2006 has directed that the Union of India, the State Governments and their instrumentalities should take steps to regularize as a one-time measure the services of such irregularly appointed, who are duly qualified persons in terms of the statutory recruitment rules for the post and who have worked for ten years or more in duly sanctioned posts but not under cover of orders of courts or tribunals. The Apex Court has clarified that if such appointment itself is in infraction of the rules or if it is in violation of the provisions of the Constitution, illegality cannot be regularized.
- Accordingly, the copy of the above judgement is forwarded to all Ministries/Departments for implementation of the aforesaid direction of the Supreme Court.
(C.A. Subramanian)
Director
To
Receive /Dy. No.
All Ministries/Department of the Govt. of India etc.