MRS. K. NOORJEHAN, ADMINISTRATIVE MEMBER
1 The applicants are retrenched casual labourers aggrieved by denial of engagement as Chainman/Measurer/Casual Labourer in Survey and Settlement Department at Kadamath.
2 Brief facts of the case as stated by the applicants are that they were engaged as Chainman/Casual Labourer under the Survey and Settlement Department at Kadamath Island for various periods from 1984 onwards. Due to their frequent engagement they have good experience in Cadastral Survey and Cadestral Data Creation Pilot Project work. They used to assist the Survey officials and possess experience certificates in this field issued by the Sub Divisional Officer and Assistant Settlement Officer. They were engaged as casual labourers for 89 days with one day break. By an order dated 4.12.2010 (Annx.A5) the respondents have fixed SSLC as minimum qualification for appointment of Chainmen/Casual Labours/Measurers. It is alleged that prescription of such minimum qualification by the Administration is contrary to their own policy. They further alleged that SSLC is not at all necessary for appointment as Chainman or identical posts in the Survey Department as is evident from the various orders and correspondence of the Settlement Officer which they produced as Annx.A6 dated 6.10.2008. It is further stated that since they are natives of Kadamath Island having elementary school education and are experienced labours in the survey work. They have submitted various representations for their regularisation in vain. It is further stated that those casual laboures working under the U.T of Lakshadweep are to be given temporary status from 1.3.1993 as per the directions of DoPT under the Casual Labourers (Grant of Temporary Status and Regularisation) Scheme, 1993 (Annx.A9). It further stipulates that out of every three vacancies two will be filled up from temporary status employees and one by direct recruitment. This process is to continue till the temporary status employees are regularly appointed. They averred that though they are eligible for temporary status even then they are kept out of casual work for a long time and the work is allowed to be handled by labourers having little experience. The action of the respondents has resulted in the applicants facing unemployment and poverty. They are subjected to prejudice and injustice, by the inaction on the part of the respondents on their repeated representations.
3 The respondents have contested the O.A by filing their reply. In the reply statement it is submitted that after implementation of the VI CPC, the educational qualification prescribed for almost all the posts under the Lakshadweep Administration in various departments is enhanced to Matriculation. The persons who worked previously on short term vacancies/contract are not considered for regular appointment as they do not have the minimum educational qualification after amendment of the Recruitment Rules. The casual labourers working under various departments for the last many years are not absorbed regularly because of they lack SSLC. The applicants could not be considered against the vacancies of Chainman and Measurer on contract basis, since they do not have the required minimum qualification prescribed in the order dated 4.12.2010 which has the approval of the Administrator, U.T of Lakshadweep. They further submitted that the applicants were engaged by the Village (Dweep) Panchayat as Casual Labourers under various schemes/programmes and also under the Mahatma Gandhi National Rural Employment Guarantee Act and have enough opportunities for such engagement. In view of the issuance of order Annx.A5 the respondents are not in a position to consider the request of the applicants on the mere reason that they have experience in the field. They further denied that those casual labourer who earlier worked as Chainman or Measurer under the department in any of the islands without required qualification after issuing Annx.A5 have been disengaged.
4 Rejoinder and Additional rejoinder have been filed reiterating the facts as stated in the OA. The applicants disputed the contention of the respondents that the qualification fixed is for Group-C posts. The applicants have not raised any claim against any permanent post or regular appointment but engagement as casual labourers with break after 89 days in the case of P.N.Beeran Kunhi, who is engaged as Survey Measurer by the Additional Block Development Officer, Kadamat vide Annx.A11 dated 31.1.2007.
5 Counsel statement was filed clarifying the points raised by the Tribunal on 1.11.2011. It is clarified that as in the case of other Islands in the UTL the work performed by Chainman/Helper/Measurer is available at Kadamat Island also but after implementation of the 6th CPC the department is not in a position to consider the case of the applicants for enagement against the vacancies of Chainman/Helper/Measurer on contract basis as they lack the required qualification of SSLC. It is also clarified that the Administration have not engaged any person without matriculation qualification in any of the Islands for the work of Chainman/Helper/ Measurer on contract basis for 89 days after implementation of Annx.A5. They further clarified that there are 9 posts of Chainman in Group-C post, out of it one Chainman is available at Kadamat Island.
6 The applicants have filed Additional Rejoinder 2 and 3 reiterating the facts as stated earlier.
7 Heard the learned counsel for the parties and perused the records.
8 It is a fact that after the implementation of VI CPC, there is no Group-D cadre as such. Instead multi tasking staff in PB I in the scale of Rs.5200-20200 are recruited for which SSLC is the requisite qualification. Since the applicants do not fulfill the condition of the prescribed educational qualification, they may not have a case for regular appointment. In fact the challenge in this OA is against their non-inclusion as Chainman/Measurer in the proposal constituting a Survey Team on contract basis. During hearing of the case, the counsel for the applicants conceded that the applicants were only helping the Chainman and Measurer and not actually discharging the work entrusted to Chainman and Measurer. In response to the direction of this Tribunal, the respondents submitted that no recruitment rules are available for the post of Measurer. In that case nothing prevents the applicants from being considered for engagement as casual labourers to do the work of Measurer. The applicants may be registered in the list of casual labourers maintained by the Village (Dweep) Panchayath. They should be engaged for 89 days as per the extant rules and guidelines issued by the 1st respondent. Since they have gained experience in Survey work it is advisable to engage them alongwith Survey Team to render assistance to Chainman and Measurer.
9 In the facts and circumstances of the case, the respondents are directed to engage the applicants as casual labourers preferably in survey work in view of their work experience in the field forthwith. The OA is disposed of as above. No costs.