Excelsior Correspondent
Srinagar, Nov 14: High Court today came to the rescue of casual labourers engaged in Archaeological Survey of India and directed to accord consideration to the regularization of their services.
Justice Ali Mohammad Magrey while allowing the petition filed by these casual labourers who have served in the Archaeological Survey of India more than 27 years and are continuing till date but were not being regularized directed the authorities to accord consideration for their regularization.
Justice Magrey directed the consideration be accorded to them from the date they have completed 10 years continuous service and give them the same treatment as has been given to the similarly situated casual labourers.
“…Further, the respondents shall consider the release of pay scale in favour of the petitioners. The needful shall be done within a period of three months from the date copy of this judgment is received by the respondents”, Justice Magrey further directed.
They submitted before the Court that the respondent department without any reason or justification has continued them as casual labourers and accorded them the status of temporary nature vide order dated 12.5.2014 and are being paid 1/30th of minimum pay of the pay scale plus DA per month.
Court has been informed that in 2013, a process for regularization of their services was initiated by the respondent department and the relevant records were called from Srinagar circle. However, the process was shelved without any reason and justification.
As per petitioners they have attained the status of permanency in the department by the dint of continuous service of 28 years but they are denied pay parity (in pay scale) and are denied equal pay for equal work, which is otherwise guaranteed to the petitioners in terms of Article 39 (d) Constitution of India and is enforceable vide the ambit and scope of Article 14 of Constitution.
Court after considering all the facts to the case has held that the petitioners cannot be singled out in the fixation and grant of pay scale to them, particularly when the source of appointment of the petitioners and all those regular employees, Monument Attendants, is one and the same.
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