Excelsior Correspondent
Srinagar, Sept 22: The Central Administrative Tribunal (CAT) directed the authorities to regularize the services of daily rated workers of Power Development Department from 1996 instead of 2005 in view of their performing elections duty for Assembly election in erstwhile J&K State in the year 1996.
Sixteen employees of the PDD approached the CAT with the plea that they have performed election duty for assembly election held in the year 1996 as the Government came up with a package and issued an order stating therein that those who are willing to do election duty during 1996 will be given regularization irrespective of the length of service put in by them.
The division bench of Justice K Haripal (J) and Dr Chhabilendra Roul (A) allowed their plea and directed the authorities to regularize the services of the applicants w.e.f. 1.10.1996 in terms of Government order No. 1733 GAD/1997 dated 24.12.1997 and work out all the consequential benefits and release the same in their favour within 90 days from the date of receipt of the copy of this order.
The CAT bench said, it is very important that during the period 1996 when Parliamentary and Legislative Assembly elections were held, the militant operation was at its peak and Government employees were hesitant to attend poll duties and that was how a package had to be issued alluring even daily rated workers to attend the works; they were promised that they would be regularized notwithstanding the length of service.
“After making such a promise the respondents cannot be heard to say that they are not bound to follow the same. It is true that doctrine of promissory estoppel cannot be used to compel the public bodies or the Government to carry out the representation or promise” CAT said adding with “But such a proposition is applicable only if it is contrary to law or it is outside the authorities of power. Here such a promise is not contrary to law or outside the authorities of power”.
The respondent-authorities CAT added, in clear terms through its orders, that such benefits would be extended to daily rated workers who performed election related duties and that was how the applicants in the present case at the risk of their life and property attended the election duties. After getting their services now they cannot turn round and reject their plea.
Documents on record would reveal that for the purpose of giving effect to the promise the then State had created 2432 posts of Helpers and therefore the applicants who performed election duties are entitled to be adjusted against such posts. “In this connection it is very important to note that the respondents have no case that the applicants do not fall within such category, 2432 posts have already been filled, there is want of vacancy etc”, reads the order.
CAT recorded that the averments of the respondent-authorities in the reply are rather feeble and evasive. They have performed election duty and were supposed to be regularized w.e.f October 1996 however, they were regularized only in 2005.
“Even though they stated that the benefits of the package issued by the Government are not applicable to the applicants and they were regularized taking into account their length of service of 07 years, the respondents have not taken care to state when they were initially engaged as daily rated workers.
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