Summary
The Supreme Court held that part-time sweepers in the Madhya Pradesh Veterinary Department, appointed temporarily at Collector's rates on the recommendation of a district Selection Committee against sanctioned backlog posts under a Special Recruitment Drive, were entitled to the regular pay-scale after three years under Clause 6 of the circular dated 10.05.1984. They were similarly situated to the employees in Ram Naresh Prajapati, and the Division Bench erred in distinguishing that case.
Issues
- Whether the appellants were appointed against sanctioned and vacant posts or only engaged for the necessity of work on non-sanctioned posts.
- Whether the appellants were similarly situated to the employees who obtained the regular pay-scale in Ram Naresh Prajapati v. State of M.P.
- Whether the appellants satisfied Clause 6 of the circular dated 10.05.1984 and the 1979 Rules so as to be entitled to the regular pay-scale after three years of service.
Provisions considered
- Clause 6, Circular of the General Administration Department, Government of Madhya Pradesh dated 10.05.1984Clause 6 provides that employees recruited by the Collector are treated as fixed-wage employees for three years and thereafter as temporary employees in the revised pay-scale, those selected by the district level committee becoming members of the service after three years. The Court held the appellants, appointed temporarily at Collector's wages on the district Selection Committee's recommendation and having completed three years, fulfilled every condition of the clause. (¶¶ 3.1, 3.2, 14)
- Rules framed under the proviso to Article 309 of the Constitution, M.P. Veterinary Department Contingency Paid Employees Recruitment & Conditions of Service Rules, 1979The Court held that the appellants' appointments satisfied both these Rules and the 1984 circular, conferring on them a legal right to the regular pay-scale. (¶¶ 3.1, 14, 16)
- Regularisation of daily wage employees, Circular of the General Administration Department, Government of Madhya Pradesh dated 07.10.2016Since this circular extended the regular pay-scale to daily wagers, the Court held it would be unjust, unfair and arbitrary to deny it to the appellants, who were appointed temporarily against sanctioned posts at Collector's rates; they would in any event benefit from it. (¶¶ 8, 15)
Held
- The appointment orders, issued on the recommendation of a Selection Committee constituted by the Collector under the Special Recruitment Drive for posts reserved for SC, ST and OBC candidates, showed that the appellants were appointed against sanctioned and vacant posts, though temporarily; the State's plea that they were engaged on non-sanctioned posts for the necessity of work was rejected. (¶ 13)
- The only distinction drawn from Ram Naresh Prajapati, that those employees were later placed on sanctioned posts such as Attendant after scrutiny by a Screening Committee, did not make the appellants differently situated, particularly when the State itself had not constituted any such committee for them. The Division Bench erred in distinguishing that case. (¶ 14)
- The designation of the appellants as 'part-time' sweepers did not affect their entitlement, since they were appointed against sanctioned posts; having completed three years as temporary employees on Collector's wages after selection by the district level committee, they were covered by Clause 6 of the 1984 circular and entitled to the regular pay-scale. (¶¶ 14, 16)
- Denying the appellants the benefit that the circular dated 07.10.2016 gives to daily wagers would be unjust, unfair and arbitrary; they would be entitled to its benefit even if the State denied the pay-scale under the 1984 circular. (¶ 15)
Result
Appeals allowed; Division Bench judgment dated 02.12.2019 in WA No. 1486 of 2019 (and the order refusing review) set aside; Single Judge's order dated 12.07.2019 granting the regular pay-scale with arrears after three years of service restored.