Srinagar- Central Administrative Tribunal (CAT) Srinagar spelt relief to a Sweeper cum Chowkidar by asking the authorities to consider his engagement, observing that the refusal to regularize his services “after having extracted blood from his veins for 30 years” was unjustified by “welfare state with its employees.”
A bench of the CAT comprising M.S. Latif (J) and Prasant Kumar(A) asked the authorities to consider the regularization of the 48-year-old Sweeper cum Chowkidar, Shaiq Hussain Magray of Pulwama within eight weeks.
Magray in his plea before the CAT had stated that he came to be engaged as a Sweeper cum Chowkidar in Government Primary School, Goosu, Pulwama against a monthly wages of Rs. 25 per month in the year 1994 by virtue of an order by the Chief Education Officer Pulwama on 1 July 1994.
Magray submitted that he had been continuing from the past three decades but has not been regularized in accordance with the law. According to him the District Level Screening Committee (DLSC) while scruitinizing the credentials of the eligible CPWs (Contingent paid workers) have raised an observation regarding the genuineness of his engagement order.
He submitted that vide order dated 16 October 2023 issued by the Chief Education Officer Pulwama regarding final seniority list in CPWs/LFWs, he stands at Sr. no. 13 but in the remarks column there is an observation recorded which reads that “genuineness of engagement order is pending”.
“It is an admitted position that the petitioner (Magray) has been working from the year 1994 however, his regularization has not been considered for the reasons that the genuineness of his engagement order is pending,” the CAT observed, adding, (Respondents’ (authorities) refusal to regularize the services at this juncture after having extracted blood from his veins for 30 years is certainly not justified particularly it would amount to sheer exploitation of his helplessness by treating him like a torn apparel after ruthless use, which should not be the conduct of the respondents in a welfare state with its employees.”
The CAT subsequently disposed of the application by asking authorities to accord consideration to the Magray’s engagement in accordance with the rules governing the field. However, the CAT left authorities free to ascertain the genuineness of the engagement order.
“The needful be done within a period of eight weeks from the date the copy of this judgment is served upon the respondents,” the CAT said, adding, “It is also provided that the present position of the petitioner shall not be disturbed, however, which shall be subject to the genuineness of his engagement.”
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