CAT directs Chandigarh to regularise services of contractual worker

Ramkrishan Upadhyay

Chandigarh, April 5

The Chandigarh bench of Central Administrative Tribunal (CAT) has directed the UT administration to regularise services of Narinder Singh, who had worked as a peon on contract in the office of Director Public Relations for over 14 years, within next six months. The CAT counted notionally his past service for purpose of seniority and other entitlements such as pension.

Singh, in an application filed before the bench through counsels Raman B Garg and Maynak Garg, challenged an order of the Public Relations Department dated July 29, 2021, and prayed to issue an order for not to replace him with another casual employee and regularise his services keeping in view of his excellent service records.

He said he was appointed as a peon on contract basis for a period of 6 months on July 27, 2007. Since then, he has been continuing to hold the post as his contract has been extended by the department from time to time after giving notional break keeping in view his excellent and commendable work.

His last term was extended up to July 29, 2021. He has been working since July 27, 2007 i.e. for more than 14 years. Despite this fact, the services of the applicant have not been regularized till date.

The Chandigarh Administration as well as various boards, corporations and councils have been regularising their contractual employees on completion of 10 years in service.

The UT Administration has considered and issued a policy of regularisation of daily wages and work charged employees, but no policy has been framed to regularise contractual employees. There is no difference between the contractual employee as well as the daily wages/work charged employee; rather the contractual employee is better placed as he has been appointed for a six month basis whereas daily wages employee work for a day and earned wages thereof.

After hearing arguments, the bench said the regular post still exists in the department and no one contractual or regular has been appointed against it.

Further, it said, there was no evidence to show that workload of the department has reduced due to which no requirement of peon exists now. The bench further said: “In the light of above discussion, we direct that the applicant be reappointed to his vacant post with immediate effect and the letter dated July 29, 2021 is quashed.”

In light of Uma Devi judgment, as a one-time opportunity, his services to be regularised by respondent department, as done in case of Nirbhay Tiwari, within a period of next six months.