IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CWP No. 7724-CAT of 2011 Date of Decision: May 3, 2011 Bharat Sanchar Nigam Ltd. and another …Petitioners Versus Smt. Bimla Devi and another …Respondents CORAM: CORAM: CORAM: CORAM: HON'BLE M HON'BLE M HON'BLE M HON'BLE MR. JUSTICE M.M. . JUSTICE M.M. . JUSTICE M.M. . JUSTICE M.M. KUMAR KUMAR KUMAR KUMAR HON'BLE HON'BLE HON'BLE HON'BLE M M M MR. JUSTICE . JUSTICE . JUSTICE . JUSTICE GURDEV SINGH GURDEV SINGH GURDEV SINGH GURDEV SINGH Present: Mr. Madan Mohan, Advocate, for the petitioners. 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest? M.M. KUMAR M.M. KUMAR M.M. KUMAR M.M. KUMAR, J.J.J.J. 1. The instant petition filed under Article 226 of the Constitution has been preferred by the Bharat Sanchar Nigam Limited (for brevity, 'BSNL') challenging common order dated 25.1.2011 (P-6) passed by the Chandigarh Bench of the Central Administrative Tribunal (for brevity, 'the Tribunal'), quashing order dated 7.4.2006 (A-1) in respect of the original applicants and also issuing direction to the petitioners to reconsider their cases as per the rules/instructions for converting them into full-timer with effect from 9.11.2004 when the other part-timers were given this benefit along with other benefits as permissible and as given to other part- timers. CWP No. 7724-CAT of 2011 2 2. The matter is no longer res integra. The common order dated 25.1.2011 (P-6) passed by the Tribunal has already been upheld by a Division Bench of this Court (of which one of us M.M. Kumar, J. was a member) in CWP No. 7384-CAT of 2011 (Bharat Sanchar Nigam Ltd. and another v. Smt. Angoori Devi), vide order dated 28.4.2011. It has been observed as under: 2. ......a perusal of the policy dated 25.8.2000, issued by the Government of India, Department of Telecom Services, New Delhi (R-1/1), would show that the Tribunal has decided the original applications in accordance with those policy instructions which provide for conversion of part-time casual labourers working for less than four hours per day into full-time casual labourers. The relevant paras of the instructions dated 25.8.2000 (R-1/1) are reproduced as under:- "I) As one time relaxation, Part Time Casual Labourers with less than 4 hours of duty per day who have worked for 240 days in the preceding 12 months may be converted into full time casual labourers. This will be applicable only to the extent of the numbers indicated against respective field units in the Annexure (the figures are based on the information furnished by the circle themselves) and it will further be subject to the conditions mentioned in the following paragraphs. II) They should be engaged as Casual Labourers subject to suitability and qualifications. CWP No. 7724-CAT of 2011 3 III) They should be engaged as Casual Labourers only where there is shortage of Gr. 'D' staff (i.e. existence of vacant Gr. 'D' posts after accounting for all temporary status mazdoors (TSMs) and existing full time Casual Labourers and no posts should be created for this purpose). IV) In the event, there is no shortage in Gr. 'D' at the station where the part time Casual Labourers are working, the part time Casual Labourers will not be converted into full time Labourers. V) They will not be entitled for grant of Temporary Status and there after regulation as mentioned in letter no. 269-10/89 STn dated 14.8.98. VI) Payment to the above casual Labourers may be made as provided on under Rule 331 of P&T FHB Vol.I. Under no circumstances should they be paid through muster roll. VII) They would be given jobs as per their suitability and qualifications. VIII) No part time casual Labourers will be engaged hereafter and any violation will result in disciplinary action. IX) These orders will take effect from the date of issue of this letter." 3. A perusal of the aforesaid policy instructions would show that the original applicant-respondent No. 1 fulfil the conditions and even persons junior to her have CWP No. 7724-CAT of 2011 4 been converted to full time casual labouerer. The writ petition does not merit admission and the same is liable to be dismissed. 3. For the aforesaid reason, this petition fails and the same is accordingly dismissed. (M.M. KUMAR) (M.M. KUMAR) (M.M. KUMAR) (M.M. KUMAR) JUDGE JUDGE JUDGE JUDGE (GURDEV SINGH GURDEV SINGH GURDEV SINGH GURDEV SINGH) May 3 May 3 May 3 May 3, , , , 2011 2011 2011 2011 JUDGE JUDGE JUDGE JUDGE PKapoor