BIRMA DEVI AND ORS vs UOI AND ANR

Judgment text excerpt

$~73 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 9480/2021 BIRMA DEVI AND ORS .....Petitioners Through: Ms. Annu Mehta, Mr. Rubinder Ghumman and Ms. Celly Sadana, Advs. versus UOI AND ANR .....Respondents Through: Mr. Avnish Singh, SPC with Mr. Mahendra Vikram Singh, Ms. Kanchan Kumari, Mr. Vishal Kr. Yadav, Mr. Anant Yadav and Ms. Pushplata Singh, Advs. for UOI CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE AJAY DIGPAUL JUDGMENT (ORAL) % 03.02.2025 C. HARI SHANKAR, J. 1. The petitioners were engaged as Class-IV Beldars on daily- wage basis, with the Archaeological Survey of India1 in 1980. 2. On 10 September 1993, the Department of Personnel and Training2 issued an Office Memorandum3, which envisaged grant of temporary status to casual employees, employed with Central Government offices on daily wage basis, who had rendered one year 1 “ASI” hereinafter 2 “DOPT” hereinafter 3 “OM” hereinafter W.P.(C) 9480/2021 Signature Not Verified Page 1 of 14 Digitally Signed By:AJIT KUMAR Signing Date:08.02.2025 14:57:19 of continuous service. The provisions in that regard were contained in the “Casual Labourers (Grant of Temporary Status and Regularisation) Scheme 19934”, appended as an appendix to the OM. 3. Of the various provisions contained in the 1993 Scheme, the following are relevant: “4. Temporary Status (i) Temporary status would be conferred on all casual labourers who are in employment on the date of issue of this OM and who have rendered a continuous service of at least one year, which means that they must have been engaged for a period of at least 240 days (206 days in the case of offices observing 5 days week). ***** (iv) Such casual labourers who acquire temporary status will not, however, be brought on to the permanent establishment unless th