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Synopsis

The Supreme Court has ordered the Union government to regularize the employment of a 'water woman' who served continuously for over 30 years in the Post and Telegraphs Department in Bhuj, Gujarat. This decision follows the precedent of another similarly positioned woman who was inducted into the multi-tasking staff cadre after only six years of service.

A bench of Justices Hima Kohli and Sandeep Mehta held that appellant Ushaben Joshi was entitled to claim the same benefits as the department had conferred confirmation in service upon Smt K M Vaghela by way of appointment.

The court also noted that the prevailing circulars applicable to the Posts and Telegraphs Department mandate that a temporary employee who has worked in the Department continuously for more than 240 days in the preceding 12 months would be entitled to claim the relief of regularisation under the extant rules and regulations.

The bench pointed out that the respondents authorities had not indicated anything in the affidavit filed in pursuance of the order of February 27, 2024, that the nature of duties or the hours of work being performed by Smt Vaghela were any different from that of the appellant. 

"Thus, the defence taken by the respondents for their decision not to confirm the appellant in services that she was only performing duties as a contingency worker (water woman) for four hours a day is not substantiated from any acceptable material on record. Indisputably, the appellant continuously served the department for more than three decades as a contingency ‘water woman’," the bench said.

Appellant Ushaben Joshi was aggrieved with the Gujarat High Court's order holding that she was not entitled to any relief as her claim that she was working full-time had not been established and proved as she was a contingency paid part-time ‘water woman’ working only for four hours a day.

In her plea, she contended thta she was engaged in the department in February, 1986 while Vaghela had joined in 1991 in the same office as 'safai karmachari'.

She relied upon a circular of September 16, 1992 which provided a scheme for regularisation of the part-time labourers as ‘full time’, with a stipulation that if part-time casual labourers are working for five hours or more.

However, her pleas made before the authorities, Central Administrative Tribunal as well as the high court did not bring the desired result.

Her counsel submitted the she as well as Smt Vaghela were contingency workers, and since a person much junior in length of service had been regularised, manifestly the appellant had been discriminated vis-a-vis Smt Vaghela and hence, she was entitled to the same relief. 

It was contended on her behalf that the department had discriminated between two similarly placed employees without any justification, inasmuch as Smt Vaghela, whose services were regularised, joined the department as a contingency-paid part-time ‘Safai Karamchari’ only in the year 1991. 

Opposing the plea, the Union government's counsel said that Smt Vaghela was engaged as Water/Sweeper woman at the Superintendent of Post Offices, Kutch, Bhuj and that her services were confirmed in compliance of the direction by CAT on July 28, 2015. 

However, going through the record, the bench noted that in the case of Smt Vaghela, the CAT had simply directed the respondent-department to consider her case for appointment to the post of Multi-Tasking Staff. 

The CAT never mandated the department to regularise her services. A careful perusal of minutes of meeting of DPC on October 18, 2016 held regarding direct recruitment to the cadre of MTS for the year 2016-17 makes it clear that Smt Vaghela was found eligible and was selected/appointed as MTS without being influenced by the order passed by the CAT, the bench noted.

"The decision to regularise the services of Smt Vaghela and in appointing her as an MTS was an independent decision of respondent-department uninfluenced by the CAT’s order. Hence, the argument advanced by the appellant that she has been discriminated vis-à-vis Smt Vaghela who has been given the benefit of regularisation is substantiated and established from record," the bench said.

The court accordingly allowed the appeal file by Ushaben Joshi by directing the Union government to regularise within three months her services from the date on which, Smt Vaghela was appointed as MTS with all consequential benefits.

Case Title: Ushaben Joshi Vs Union of India And Others