The instructions on the subject
of engagement of casual labour/workers in Central Government offices have been
issued by the Government of India from time to time. A need has been felt for
consolidating the existing instructions in one place. Accordingly, this
brochure has been prepared which indicates the general policy and principles
relating to engagement and regularisation of casual workers in Central
Government offices. All the relevant orders have been reproduced in this
brochure chronologically.
2. While every effort has been
made to ensure that there are no mistakes, it is not unlikely that errors might
have crept in or omissions gone unnoticed. If any error or omission is noticed
in this Compilation, it may kindly be brought to the notice of the Department
of Personnel and Training.
(T.Jacob)
Joint Secretary
--------------------------------------------------------------------------------
Ministry of Finance (Department
of Expenditure)
OM No. F. 8 (2) –Est (Spl)/60
dated 24th January, 1961
( I )
Subject: Casual Labour-
Recommendations of the Pay Commission regarding.
In Section III of Chapter XLVI of
their Report the Pay Commission have made the following recommendation in
regard to the policy relating to the employment of casual labour and regulation
of the terms and conditions of their employment:-
1. Casual employment should be
restricted to work of a truly casual nature and in order to ensure that this is
done, there should be a general review of the existing position.
2. Same rates of wages should be
fixed for casual labour in unscheduled employments as are fixed for comparable
scheduled employments under the Central Government, under the Minimum Wages
Act. Or, if it is considered that the rates should bear some relationship to
the local rates, they may be fixed with reference to the minimum wages
prescribed by the respective State Governments for comparable scheduled
employments.
3. All casual labour under the
Central Government including those to whom the minimum wages law is not
applicable, should have the benefits and safeguards provided by rules 23-25 of
the Minimum Wages (Central) Rules, 1950 relating to weekly holidays, working
hours, night shifts and payment for overtime.
4. Long experience as casual
labour should be taken into consideration while making selections for
appointment to regular establishments.
2. The President has been pleased
to decide that except where there are statutory rules or provisions in support
of the existing practice, the recommendations of the Pay Commission regarding
Casual Labour should be accepted.
3. Of the two alternatives
mentioned in recommendation (2) referred to in paragraph 1, the latter
alternative may be uniformly adopted by all the Ministries/Departments
employing casual labour, namely, that the casual labour should be remunerated
at market rates subject to the condition that where the market rates are lower
than the minimum wages fixed by the respective State Governments for comparable
scheduled employments, the wages shall be the minimum wages fixed by the State
Governments.
4. Detailed instructions on
recommendation No. (4) mentioned in para 1 would be issued in due course by the
MHA.
5. The Ministries and Departments
employing casual labour are requested to ensure that the terms and conditions
of employment of casual labour are regulated accordingly.
6. These orders take effect from
the date of issue.
Sd/- R.P. Padhi,
Joint Secretary
--------------------------------------------------------------------------------
Ministry of Home Affairs
OM No. F.6/52/60-Ests (A)
dated 16th February, 1961
( II)
Subject: Appointment of casual
labour to regular establishments- Recommendation of the Pay Commission
regarding.
The undersigned is directed to
say that the Pay Commission have, in Chapter XLVI of their Report, recommended
inter alia that long experience of casual labour should be taken into
consideration while making selections for appointment to regular
establishments, including those of gangmen.
2. This recommendation of the Pay
Commission has been accepted by Government (vide Ministry o Finance Office
Memorandum No. F.8 (2). Estt. (Spl)/61 dated 24th January, 1961).
3. It has accordingly been
decided that casual labourers, who were initially recruited through the Employment
Exchange and have acquired long experience in such employment should be
preferred to others for appointment to regular establishments, including
appointment as gangmen, if they are otherwise considered suitable for such
appointment.
4. Casual labourers, who were not
initially recruited through the Employment Exchange, should, however, be
requested to get themselves registered with the Employment Exchange and take
their chance for appointment to regular establishments in accordance with their
position on the registers of the Employment Exchange.
5. It should, however, be ensured
that when casual labourers, who were initially recruited through the Employment
Exchanges are appointed to regular vacancies, the resultant vacancies are
notified to the Employment Exchange and filled through them.
Sd/- (B. Shukla)
Deputy Secretary to the
Government of India
--------------------------------------------------------------------------------
Ministry of Home Affairs
OM No. F.16/10/60-Ests (D)
dated 2nd December, 1966
(III)
Subject: Appointment of casual
labour to regular establishments- Recommendation of the Pay Commission
regarding.
According to this Ministry’s
Office Memorandum No. 6/52/60-Ests. (A), dated 16th February, 1961, on the
above subject, casual labourers recruited initially through the Employment
Exchange and having acquired long experience in such employment should be
preferred to others for appointment to regular establishments, including
appointment as gangmen, if they are otherwise considered suitable for such
appointment.
2. A question has been raised as
to the period which should be deemed as constituting ‘long experience’ in terms
of the above mentioned Office Memorandum. The matter has been examined
carefully and it has been decided that a minimum period of two years continuous
service as casual labour should be deemed to constitute long experience in
terms of the said Office Memorandum. Accordingly, with effect from the date of
issue of this Office Memorandum, appointment of casual labourers to Class IV
posts, borne on the regular establishment which are required to be filled by
direct recruitment, will be subject to the following conditions:-
(a) No casual labourer not
registered with the Employment Exchange should be appointed to posts borne on
the regular establishment;
(b) casual labourers appointed
through Employment Exchange and possessing experience of a minimum of two
years’continuous service as casual labour in the office/establishment to which
they are so appointed will be eligible for appointment to posts on the regular
establishment in that office/establishment, without any further reference to
the Employment Exchange.
(c ) casual labourers recruited
in an office/establishment direct, without reference to the Employment
Exchanges but working on the date of the issue of the OM should not be
considered for appointment to regular establishment, unless they get themselves
registered with the Employment Exchange, render from the date of such
registration, a minimum of two years’ continuous service as casual labour, and
are subsequently sponsored by the Employment Exchange in accordance with their
position in the register of the Exchange.
Sd/- (Harish Chandra)
Under Secretary to the Government
of India
--------------------------------------------------------------------------------
Ministry of Home Affairs
OM No. 16/5/68-Estt. (D)
dated the 5th July, 1968
( IV )
Subject : Appointment of part
time casual labour to regular establishment
As the Ministry of Finance are
aware, casual labourers who have rendered a minimum period of two years’
continuous service can be appointed to Class IV posts, borne on regular
establishment which are required to be filled by direct recruitment, subject to
certain conditions vide para 2 of this Ministry’s Office Memorandum No.
16/10/66-Estt. (D) dated 2nd December, 1966. A question has been raised as to
whether casual labourers appointed on part-time basis should also be made
eligible for appointment to class IV posts borne on regular establishment,
which are required to be filled by direct recruitment. It has been represented
that, in certain offices, casual labourers are employed for a number of years
on part time basis, the workload there being not such as to justify their
employment on whole time basis. It has accordingly been decided that casual
labourers appointed on part time basis may also be made eligible for the
concession sanctioned in para 2 of the aforesaid Office Memorandum No.
16/10/66-Estt. (D) dated 2.12.1966. Accordingly, with effect from the date of
the issue of this Office Memorandum, part time casual labourers shall also be
eligible for appointment to class IV posts borne on the regular establishment,
which are required to be filled by direct recruitment, provided they were
appointed through Employment Exchange and had acquired experience of a minimum
of four years continuous service as part time casual labour in the
office/establishment to which they were appointed through Employment Exchange.
Those part time casual labourers who were recruited in an office/establishment
direct, without reference to the Employment Exchange and who are working on the
date of issue of this Office Memorandum should not be considered for
appointment to the regular establishment, unless they (i) get themselves
registered with the Employment Exchange (ii) render from the date of such
registration a minimum of four years continuous service as part time casual
labour and (iii) are subsequently sponsored by the Employment Exchange in
accordance with their position in the register of the Exchange.
2. The orders contained in this
Ministry’s Office Memoranda No. 4/9/61-Estt.(D) dated 9th August, 1961 and 16th
September, 1961, granting certain age concession to casual labourers in the
matter of appointment to posts borne on regular establishment will be
applicable also to part-time casual labourers. In other words, such labourers
should be allowed to deduct from their actual age the period spent by them as
part time casual labourers and if, after deducting this period, they are within
the maximum age limit prescribed for the service or post in the regular
establishment, they should be considered eligible in respect of maximum age.
Broken periods of service rendered as part time casual labourer will also be
taken into account for the purpose of age relaxation for appointment to the
regular establishment, provided that one stretch of such service is for more
than six months.
3. Ministry of Finance etc. are
requested to bring these instructions to the notice of their attached and
subordinate offices.
Sd/- Harish Chandra
Under Secretary to the Govt. of
India
--------------------------------------------------------------------------------
Department of Personnel and
Administrative Reforms, Cabinet Secretariat
OM No. 14/8/74-Estt. ( C)
dated July 11, 1974
(V)
Subject: Appointment of casual
labourers to regular establishments.
The undersigned is directed to
state that at the meeting of the Departmental Council (JCM) of the Department
of Personnel and Administrative Reforms held on the 5th and 19th April, 1974,
the Departmental Council, inter alia, decided that the question whether casual
labourers who were originally recruited through the Employment Exchange and had
served for 480 days over a period of two years, could be absorbed straight-away
in regular Class IV vacancies, should be examined in consultation with the
Directorate General, Employment and Training.
2. In the Ministry of Home
Affairs (Now Department of Personnel and AR) OM No. 16/10/66-Estt. (D) dated
the 2nd December, 1966, it has been provided that casual labourers appointed
through Employment Exchange and possessing experience of a minimum of two years’
continuous service as casual labourer in the office/establishment to which they
are so appointed will be eligible for appointment to posts on the regular
establishment in that office/establishment, without any further reference to
the Employment Exchange. It was also clarified in the Ministry of Home Affairs
(now Department of Personnel and AR) OM No. 14/1/68-Estt. (C ) dated the 12th
February, 1969 that a casual labourer who has put in at least 240 days of
service as casual labourer (including broken period of service), during each of
the two years of service referred to in the OM of 2nd December, 1966 will be
entitled to the benefit provided therein.
3. These orders are again brought
to the notice of the Ministry of Finance, etc. for information and guidance.
The Ministry of Finance etc. are also requested to bring these orders again to
the notice of the administrative authorities under their control.
4. Hindi version will be issued
separately.
Sd/-P.S. Venkateswaran
Deputy Secretary to the Government
of India
--------------------------------------------------------------------------------
Department of Personnel and
Administrative Reforms, Ministry of Home Affairs
OM No. 49014/1/77-Estt. ( C)
dated August, 1977
( VI)
Subject: Recruitment of persons
on daily wages – Review of policy.
This Department has been
receiving representations from various quarters that the persons who have been
engaged on daily wages for a number of years should be appointed forthwith
against regular posts. In the context of these representations, the entire
policy regarding employment of daily wage workers is required to be reviewed.
2. In this connection, it may be
mentioned that since 1958, there has been a ban on employment of casual
labourers against regular posts. The Ministry of Finance vide their OM No. F.
10 (15)-E.Coord./67 dated the 23rd September, 1967 invited the attention of the
Ministry of Commerce etc. to the fact that in some offices of the Government o
India, the orders contained in the Ministry of Home Affairs OM No.
21/23-S&NG dated the 24th September, 1958, imposing restrictions on the
creation and recruitment to certain categories of Group `D’ posts in
Ministries/Departments and their attached and subordinate offices in Delhi and
New Delhi, were not being observed in spirit and were being circumvented by
resorting to employment of casual labour paid from the contingencies against
regular vacancies. It was also pointed out that the employment of casual
labourers must be restricted to work of a truly casual nature and employment of
staff paid from contingencies for work of a regular nature or against the
requirements of vacant posts, temporary or permanent, on the regular
establishment was irregular and should not be resorted to. Further, the Ministry
of Finance (Department of Expenditure) imposed a complete ban on engaging
additional staff on daily wage basis in different Ministries/Departments vide
their OM No. 14 (24)/E (Coord)/74 dated 30th August, 1974. Again, in May this
year, the ban on engaging additional staff on daily wage basis in different
Ministries/ Departments was reiterated in para 1 (iv) of the Ministry of
Finance (Department of Expenditure) OM No. 14 (40) E. Coord/77 dated 27th May,
1977.
3. Inspite of the orders referred
to in the preceding paragraph, it has come to the notice of this Department
that the Ministries/Departments of the Government of India are still continuing
to engage a large number of persons on daily-wage basis. The Prime Minister has
also had occasion to express his concern on the matter and has disfavoured
employing of workers on daily-wage basis in this manner.
4. The Ministry of Commerce etc.
are accordingly enjoined upon to discontinue forthwith the employment of
daily-wage workers against regular posts. However, in order to review the
policy in regard to those persons who have continued to work for long periods
on daily wage basis, it is requested that the requisite information in the
prescribed proforma insofar as the Ministry/Department is concerned should be furnished
to this Department latest by 20th August, 1977. This information may also be
collected from the attached and subordinate offices and furnished to this
Department by the 4th September, 1977.
Sd/-
Deputy Secretary to the
Government of India
--------------------------------------------------------------------------------
Department of Personnel and
Administrative Reforms, Ministry of Home Affairs
OM No. 49014/3/78-Estt. ( C)
dated 14th April, 1978
(VII)
Subject: Employment of casual
labour against regular posts.
The undersigned is directed to
say that the Staff Side of the National Council (JCM) had represented that
casual labour was being employed continuously for a number of years in various
Ministries/Departments and field offices, in some cases without being changed
from office to office or project to project. They have, therefore, suggested
that a formula be evolved whereby the lot of casual labour employees who were
continuously employed for long periods will be improved. The entire matter was
considered by a Committee of the National Council (JCM) set up to consider the
item. During the meeting of the Committee, the Staff Side suggested that
wherever there was regular and continuous work in existence against which
casual employees had been employed for a long number of years, a review should
be made to ascertain the number of regular posts required and that action
should be taken to create these posts, if necessary even by relaxing the ban on
creation of posts.
2. The matter has been carefully
examined. The IInd Pay Commission who had examined the policy relating to the
employment of casual labour and the terms and conditions of their employment,
recommended that casual labour should be restricted to work of truly casual
nature and in order to ensure that this is done, there should be a general
review of the existing position. The recommendation was accepted by the
Government and instructions were accordingly issued by the Ministry of Finance
(Department of Expenditure) vide their OM No. 8 (2) Est (Spl/60) dated the 24th
January, 1961. The same policy, namely that casual labour should be restricted
to work of a truly casual nature and that no such person should be appointed to
posts borne on the regular establishment has been reiterated from time to time.
It appears that these instructions, as pointed out by the Staff Side of the
National Council (JCM) are not being followed by the various
Ministries/Departments of the Government of India. It has, therefore, been
decided that Ministry of Commerce etc. should review the entire policy relating
to deployment of casual labourers and wherever there is regular and continuous
work in existence, against which casual workers have been employed for a long
number of years appropriate steps may be taken to create regular posts to the
extent considered necessary, in accordance with the prescribed procedures for
creation of posts in relaxation of the ban.
3. Hindi version will follow.
Sd/-
R.C. Gupta
Deputy Secretary to the
Government of India
--------------------------------------------------------------------------------
Department of Personnel and
Administrative Reforms, Ministry of Home Affairs
OM No. 49014/4/77-Estt. ( C)
dated 21st March, 1979
(VIII)
Subject: Relaxation of ban on
filling up of posts of Peons –Regularisation of employees engaged on daily wage
basis.
The undersigned is directed to
refer to the DP&AR OM No. 14011/2/76-Estt. ( D) dated the 24th June, 1976
and subsequent orders relating to the ban on filling up of vacancies of Peons
and to say that the entire policy in this regard has been reviewed and the
following decisions have been taken:-
a) Since there is a complete ban
on engagement of additional staff on daily wage basis in different
Ministries/Departments imposed by the Ministry of Finance (Department of
Expenditure) vide their OM No. 14 (24) E. Coord. /77 dated the 27th May, 1977
employment of additional staff on daily wage basis is irregular. All the
Ministries/Departments are, therefore, requested to observe these orders
scrupulously and should not engaged additional staff on daily wage basis. If
any contraventions are noticed, responsibility should be fixed on the person
who authorizes such a contravention.
b) The sanctioned strength of
Peons in the various Ministries/Departments should be reviewed where necessary,
in consultation with the Financial Advisers concerned.
c) The ban on the recruitment of
Peons imposed in June, 1976 is hereby lifted so that the Ministries/Departments
could fill up the vacancies of Peons after effecting 20% cut in the sanctioned
strength.
d) While filling up the existing
or prospective vacancies of Peons, the various Ministries/Departments should
first absorb persons available in the surplus cell of the DGE&T under the
Ministry of Labour and Employment. If surplus employees are not available with
the DGE&T, the casual employees may be appointed to the posts of Peons
borne on the regular establishment which are required to be filled by direct
recruitment, subject to the following conditions:-
i) the casual employees should
have been engaged through employment exchange.
ii) they should possess
experience of a minimum of two years continuous service as casual labour in the
office/establishment in which they are to be appointed. The casual employees
who have put in at least 240 days as casual labourers (including broken periods
of service) during each of the two years of service referred to above shall be
eligible to get regularized.
iii) Broken periods of service
rendered as casual employees shall be taken into account for purpose of
regularisation in regular establishment provided that one stretch of service is
for more than six months.
iv) They should be eligible in
respect of maximum age on the date of regularisation. For this purpose, the
casual employees may be allowed to deduct from their actual age the period
spent by them as casual employees and if after deducting this period, they are
within the maximum age limit, they should be considered eligible for
regularisation.
v) No casual employee shall be
considered eligible for appointment on the regular establishment unless he
possesses educational qualification prescribed for the post.
2. Ministry of Finance etc. are
requested to take appropriate action to absorb the eligible casual employees in
accordance with the provisions contained in the preceding paragraph. It may,
however, be ensured that only those casual employees working in any capacity,
who are eligible in all respects should be regularized according to their
length of service and the Department of Personnel and AR will not entertain any
proposal for relaxing the essential eligibility conditions for regularisation
of these casual employees.
3. Hindi version will follow.
Sd/- R.C. Gupta
Deputy Secretary to the
Government of India
--------------------------------------------------------------------------------
Ministry of Home Affairs
(Department of Personnel and Administrative Reforms)
OM No. 49014/5/79-Estt. ( C)
dated 26th July, 1979
(IX)
Subject: Appointment of casual
labour on regular establishment – Relaxation in the age limit - Counting of
broken period of service.
The undersigned is directed to
invite attention of the Ministry of Finance etc. to the MHA Office Memorandum
No. 4/9/61-Estt. (D) dated 16.9.1961 on the above subject and to say that a
question has been raised whether in the light of the provisions contained in
Ministry of Home Affairs’ OM No. 14/1/69-Estt. ( C) dated 12.2.69 which
stipulate that a casual employee is eligible for regularisation if he has put
in 240 days service in a year for two consecutive years, the provision relating
to counting of the broken period of service in one stretch to six months as
laid down in the MHA’s OM dated 16.9.61 would still apply for considering
eligibility of regularisation for casual labour. The matter has been considered
and it has been decided that the time limit of six months is stipulated in the
OM dated 16.9.61 need not be insisted upon and, if a casual labour has put in 240
days of service in each of the preceding two years, he may be considered
eligible for regularisation and may be allowed age relaxation after computing
the service as casual employee based on 240 days service each year.
2. Ministry of Finance are requested
to bring these instructions to the notice of all concerned.
Sd/-
Miss S. Trikha
Under Secretary to the Government
of India
--------------------------------------------------------------------------------
Ministry of Home Affairs
(Department of Personnel and Administrative Reforms)
OM No. 49014/4/77-Estt. ( C)
dated 10.10. 1979
(X)
Subject: Relaxation of ban on
filling up of posts of Peons –Regularisation of casual employees engaged on
daily wages basis.
The undersigned is directed to
refer to the Department of Personnel and AR OM No. 49014/4/77-Estt. ( C) dated
the 21st March, 1979 on the subject noted above and to say that representations
were received from various quarters to the effect that a large number of daily
wage employees who have become eligible for regularisation would not be
appointed because of the 20% cut in the sanctioned strength of Peons stipulated
in Para 1 ( c) of the aforesaid OM. It was also represented that a large number
of casual employees have been engaged without reference to the employment
exchange. The representations have been carefully examined and the following
decisions have been taken:-
a) The various Ministries/
Departments may fill up the vacancies of Peons after effecting 10% cut in the
sanctioned strength and not 20% as stipulated in para 1 ( c ) of this
Department’s OM referred to in para 1 above.
b) Where a cut of 10% has already
been made in the sanctioned strength of Peons in pursuance of this Department’s
OM No. 14011/2/76-Estt.( D ) dated the 6th September, 1976, there would be no
need to impose a further cut as prescribed in para 1(a) above.
c) The various Ministries/Deptt.
are requested to introduce the Messenger system speedily. Where the Messenger
system has been introduced, even on experimental basis, the full strength of
messengers may be allowed to be filled up, without any cut as laid down in para
1(a) above.
d) Casual employees who were
engaged till 20th March, 1979 otherwise than through the Employment Exchange
and who are eligible in all other respect may be regularized without insisting
on the condition referred to in para 1(d) (i) of DP & AR O.M. of 21st
March, 1979.
e) It is, however, reiterated
that no appointments should be made in future without making a reference to
Employment Exchange and if any such irregularity is committed, responsibility
should be fixed and appropriate departmental action taken against the official
concerned.
2. The Ministry of Finance etc.
are requested to complete the regularisation of those casual employees who are
eglilgible for regularisation and for whom the requisite number of vacancies
exist. In case the number of eligible casual employees exceeds the number of
vacancies available, the names of such casual employees may be sponsored to
this Department so that they could be nominated for absorption in those
Ministries which have vacancies in excess of the number of eligible casual
employees. It has also been decided that if the number of vacancies is more and
the adequate number of eligible casual employees is not available, the
vacancies should be first filled up through Surplus Cell of the DGE & T,
failing which, the vacancies should be reported to the Department of Personnel
& A.R. who would nominate surplus eligible casual employees sponsored by
other Ministries/ Departments.
3. Hindi version will follow.
Sd/-
Miss S. Trikha
Under Secretary to the Govt. of
India.
--------------------------------------------------------------------------------
Department of Personnel and
Administrative Reforms, Ministry of Home Affairs
OM No. 49014/2/80-Estt. ( C)
dated 25th February, 1980
(XI)
Subject: Regularisation of casual
employees on posts other than peons..
The undersigned is directed to
refer to the Department of Personnel and AR’s OM No. 49014/4/77-Estt. ( C)
dated the 10th October, 1979 on the subject cited above and to say that
references are being received from various quarters as to whether the orders contained
in DP&AR’s OM of 21st March, 1979 and 10th October, 1979 are applicable
only to the regularisation of casual employees as Peons and not to other
categories. The matter has been further considered and it is hereby clarified
that although in the aforesaid two Office Memoranda a reference has been made
only to peons, the orders are also applicable in regard to regularisation of
Casual Employees against other posts also. The Ministry of Finance etc. may
kindly bring the above instructions to the notice of all concerned and also of
the autonomous bodies financed wholly or substantially by them.
2. Hindi version will follow.
Sd/-
B.S. Nim
Deputy Secretary to the Govt. of
India.
--------------------------------------------------------------------------------
Department of Personnel and
Administrative Reforms, Ministry of Home Affairs
OM No. 49014/7/83-Estt. ( C)
dated 13th October, 1983
(XII)
Subject: Regularisation of casual
employees in Group `D’ posts.
The undersigned is directed to
say that per the instructions issued by this Department from time to time,
casual employees recruited before 21.3.79 in various Ministries/Departments and
attached and subordinate offices of the Government of India may be regularized
in Group `D’ posts subject to the following conditions:
(i) A daily wage worker should
have put in at least 240 days of service as such (including broken periods of
service) during each of the two preceding years (4 years in the case of
part-time casual workers) on the date of appointment against a regular Group
`D’ post.
(ii) A daily wage worker should
be eligible in respect of maximum age limit on the date of appointment to the
regular post. For this purpose, the period spent by him as daily wage worker is
deducted from his actual age.
(iii) A daily wage worker should
possess the minimum educational qualifications prescribed for the post.
2. It was also stipulated in para
1 (d) of OM No. 49014/4/77-Estt. ( C) dated 10th October, 1979 that casual
employees who were engaged till 20th March, 1979 otherwise than through the employment
exchange and who are eligible in all other respects may be regularized without
insisting on the condition referred to in para 1 (d) (i) of DP&AR OM of
21st March, 1979. It has been brought to the notice of this Department that in
certain cases casual employees, though recruited through Employment Exchanges,
had already crossed the upper age limit prescribed for appointment to Group `D’
posts, with the result that the facility for regularisation cannot be made
available to them. In view of the fact that the casual employees belong to the
economically weaker section of the society and with a view to avoid undue
hardship to them, it has been decided that such of the casual employees as were
recruited in various Ministries, Departments and their attached and subordinate
offices before 21.3.79, may be considered for regularisation in Group `D’ posts
even though they may have crossed the age limit prescribed for the post
provided they are otherwise eligible for regularisation.
3. The Ministry of Finance etc.
are requested to take appropriate action to regularize the eligible casual
employees in Group `D’ posts in accordance with decision mentioned above. Their
attention is, however, invited to para 1 (a) of this Department’s OM No.
49014/4/79-Estt. ( C) dated 21.3.79 wherein it was stated that there was a ban
on recruitment of casual employees for regular nature of work and the various
Ministries etc. were advised not to engage persons on daily wage basis against
such regular posts. These instructions are still in force and it is requested
that they may be followed scrupulously by all concerned.
Sd/-
Km. S. Trikha
Deputy Secretary to the Govt. of
India.
--------------------------------------------------------------------------------
Ministry of Home Affairs
(Department of Personnel and Administrative Reforms)
OM No. 49014/3/83-Estt. ( C)
dated 5.1.1984
(XIII)
Subject: Appointment of daily
wage/casual workers against regular Group `D’ post.
The undersigned is directed to
refer to this Department’s OM No. 49014/4/77-Estt. ( C) dated 21.3.1979 in
which, inter alia, a complete ban was imposed on engagement of persons on daily
wage basis for work of regular nature and it was also stipulated that if any
contraventions are noticed, responsibilities should be fixed on the person who
authorized such contraventions. These orders are still in force and are
required to be implemented scrupulously. However, doubts have been expressed as
to whether this ban prohibits appointment on a regular basis of all casual workers
recruited after 20.3.1979 in Group `D’ posts. It is hereby clarified that the
imposition of the ban essentially relates to engagement of daily wagers for
work of regular nature. Thus, if a person was engaged on daily wage basis
against a regular post in contravention of the ban orders, he cannot be
regularized in terms of the existing instructions on the subject. Person on
daily wage basis may, however, be recruited for work of purely
temporary/casual/seasonal nature, if their recruitment is warranted by the
requirements of a Ministry/Department etc. and is approved by the concerned
Associated Finance/Department of Expenditure. If a persons so engaged, even
after 20.3.79, happens to be in the service of the Government for a minimum
period of 2 years, with at least 240 days of service as daily wage worker
during each of the years (including broken periods of service), he may be
considered for regular appointment against a Group `D’ post, provided his
recruitment was made through the Employment Exchange and he fulfills the other
conditions of eligibility, such as age limits, educational qualifications etc.,
provided further that the Ministry/Department/Office concerned has suitable
vacancy to accommodate him.
Sd/-
Km. S. Trikha
Deputy Secretary to the Govt. of
India.
--------------------------------------------------------------------------------
Ministry of Home Affairs
(Department of Personnel and Administrative Reforms)
OM No. 49014/19/84-Estt. ( C)
dated 26th October, 1984
(XIV)
Subject: Implementation of the
instructions relating to regularisation of services of casual workers in Group
`D’ posts, in the organizations observing five day week.
The undersigned is directed to
say that as per the general instructions issued by this Department, the
services of a casual worker may be regularized in a Group D post, provided,
inter alia, he has put in two years as a casual worker, with 240 days or more
of service as such, during each year. The number of 240 days was worked out
with reference to 6 day week being observed in Central Government offices. It
has been brought to the notice of this Department that there are certain
organizations, which have adopted the instructions issued by this Department
about regularisation of services of casual workers, but who are observing a
five day week. A question has been raised whether even in the organizations
observing five day week, the requirement of 240 days or more of service during
each of the two years may be enforced as it is, or whether the requisite number
of days may be brought down proportionately.
2. The matter has been considered
in this Department and it has been decided that in the organizations observing
five day week, casual workers may be considered for regular appointment to
Group D posts, if otherwise eligible, if they have put in 2 years of service as
casual workers, with 206 days of service during each year (as against the usual
240 days). This may please be brought to the notice of all concerned.
Sd/-
Miss Manjula Subramaniam
Deputy Secretary to the Govt. of
India.
--------------------------------------------------------------------------------
Ministry of Personnel and
Training, Administrative Reforms and Public Grievances and Pension (Department
of Personnel and Training)
OM No. 49014/18/84-Estt. ( C)
dated 7th May, 1985
(XV)
Subject: Regularisation of
services of casual workers in Group `D’ posts – Relaxation of employment
exchange procedure.
The undersigned is directed to
say that services of casual workers may be regularized in Group `D’ posts in
various Ministries/Departments etc. subject to certain conditions, in terms of
the general instructions issued by this Department. One of these conditions is
that the casual workers concerned should have been recruited through the
employment exchange. Sponsorship by the employment exchange being a basic and
essential condition for recruitment under the Govt., it has repeatedly been
brought to the notice of the various administrative authorities that
recruitment of casual workers should always be made through the employment
exchange. It has, however, come to the notice of this Department that in
certain cases these instructions were contravened and casual workers were
recruited otherwise than through the employment exchange. Though these persons,
may have been continuing as casual workers for a number of years, they are not
eligible for regular appointment and their services may be terminated any time.
Having regard to the fact that casual workers belong to the weaker section of
the society and termination of their services will cause undue hardship to
them, it has been decided, as a one time measure, in consultation with the
DGE&T, that casual workers recruited before the issue of these instructions
may be considered for regular appointment to Group `D’ posts in terms of the
general instruction, even if they were recruited otherwise than through the
employment exchange, provided they are eligible for regular appointment in all
other respects.
2. It is once again reiterated
that no appointment of casual workers should be made in future otherwise than
through the Employment Exchanges. If any deviation in this regard is committed,
responsibility should be fixed and appropriate departmental action taken
against the official concerned.
Sd/-
A.Jayaraman
Director (E)
--------------------------------------------------------------------------------
Ministry of Personnel, Public
Grievances and Pensions (Department of Personnel and Training)
OM No. 49014/2/86 Estt.(C )
dated 7th June ,1988.
(XVI)
Subject: Recruitment of casual
workers and persons on daily wages –Review of policy.
The policy regarding engagement
of casual workers in Central Government offices has been reviewed by Government
keeping in view the judgement of the Supreme Court delivered on the 17th
January, 1986 in the Writ Petition filed by Shri Surinder Singh and others vs.
Union of India and it has been decided to lay down the following guidelines in
the matter of recruitment of casual workers on daily wage basis:-
i) Persons on daily wages should
not recruited for work of regular nature.
ii) Recruitment of daily wagers
may be made only for work which is casual or seasonal or intermittent nature or
for work which is not of full time nature, for which regular posts cannot be
created.
iii) The work presently being
done by regular staff should be reassessed by the administrative Departments
concerned for output and productivity so that the work being done by the casual
workers could be entrusted to the regular employees. The Departments may also
review the norms of staff for regular work and take steps to get them revised.
If considered necessary.
iv) Where the nature of work
entrusted to the casual workers and regular employees is the same, the casual
workers may be paid at the rate of 1/3oth of the pay at the minimum of the
relevant pay scale plus dearness allowance for work of 8 hours a day.
v) In cases where the work done
by a casual worker is different from the work done by a regular employee, the
casual worker may be paid only the minimum wages notified by the Ministry of
Labour or the State Government/Union Territory Administration, whichever is
higher, as per the Minimum Wages Act, 1948. However, if a Department is already
paying daily wages at a higher rate, the practice could be continued with the
approval of its Financial Adviser.
vi) The casual workers may be
given one paid weekly off after six days of continuous work.
vii) The payment to the casual
workers may be restricted only to the days on which they actually perform duty
under the Government with a paid weekly off as mentioned at (vi) above. They
will, however, in addition, be paid for a National Holiday, if it falls on a
working day for the casual workers.
viii) In cases where it is not
possible to entrust all the items of work now being handled by the casual
workers to the existing regular staff, additional regular posts may be created
to the barest minimum necessary, with the concurrence of the Ministry of
Finance.
ix) Where work of more than one
type is to be performed throughout the year but each type of work does not
justify a separate regular employee, a multifunctional post may be created for
handling those items of work with the concurrence of the Ministry of Finance.
x) The regularisation of the
services of the casual workers will continue to be governed by the instructions
issued by this Department in this regard. While considering such
regularisation, a casual worker may be given relaxation in the upper age limit
only if at the time of initial recruitment as a casual worker, he had not
crossed the upper age limit for the relevant post.
xi) If a Department wants to make
any departure from the above guidelines, it should obtain the prior concurrence
of the Ministry of Finance and the Department of Personnel and Training. All
the administrative Ministries /Deptts. Should undertake a review of appointment
of casual workers in the offices under their control on a time-bound basis so
that at the end of the prescribed period, the following targets are achieved:-
a) All eligible casual workers
are adjusted against regular posts to the extent such regular posts are
justified.
b) The rest of the casual workers
not covered by (a) above and whose retention is considered absolutely necessary
and is in accordance with the guidelines, are paid emoluments strictly in
accordance with the guidelines .
c) The remaining casual workers not
covered by (a) and (b) above are discharged from service.
2. The following time limit for
completing the review has been prescribed in respect of the various
Ministries/Deptts:-
a) Ministry of Railways 2 Years
b) Department of Posts,
Department of 1 Year Telecommunications and Department of Defence Production
c) All other Ministries /
Deptts./Offices 6 months
Each Ministry should furnish a
quarterly statement indicating the progress of the review in respect of the
Ministry (Proper) and all Attached / Subordinate offices under them to the
Department of Personnel and Training in the proforma attached. The first quarterly
return should be furnished to this Department by the 10th October. 1988.
3. By strict and meticulous
observance of the guidelines by all Ministries/Deptts, it should be ensured
that there is no more engagement of casual workers for attending to work of a
regular nature, particularly after the review envisaged above is duly
completed. Each Head of Office should also nominate an officer who would
scrutinise the engagement of each and every casual worker and the job for which
is being employed to determine whether the work is for casual nature or not.
4. Ministry of Finance etc. are
requested to bring the contents of this Office Memorandum to the notice of all
the appointing authorities under their respective administrative control for
strict observance. Cases of negligence in the matter of implementing these
guidelines should be viewed very seriously and brought to the notice of the
appropriate authorities for taking prompt and suitable action against the
defaulters.
Sd./-
D.P. Bagchi
Joint Secretary to the Government
of India
* Annexure not printed.
--------------------------------------------------------------------------------
Ministry of Personnel, Public
Grievances and Pensions (Deptt. of Personnel and Training)
OM No. 49014/16/89 Estt. (C )
dated 16th July, 1990
( XVII )
Subject: Regularisation of casual
workers recruited to perform duties of Group ‘C’posts- Age / employment
exchange procedure relaxation regarding.
The undersigned is directed to
refer to Ministry of Finance, Department of Expenditure OM No. F. 1(16)-E
Coord./71 dated 15th September, 1972 which stipulates that employment of casual
hands to do clerical work or stenographic work on daily wages is irregular and
should not, in any circumstances, be resorted to and the practice of employing
Class III staff on daily wages should be terminated forthwith. It has been
observed that inspite of these instructions various Ministries/Deptts. continue
to engage casual workers for performing duties and functions of Group ‘C’ posts
and subsequently proposals are made for regularisation of these casual workers.
The matter has also been raised in a meeting of the Standing Committee of the
National Council held on 3.10.89 in which the Staff Side made a suggestion that
these casual employees may be allowed age relaxation to the extent of completed
years of casual service so that they can compete with outsiders for direct
recruitment against Group ‘C’ posts. The Staff Side desired that the condition
regarding sponsorship from employment exchange may also be waived in their
case.
2. The matter has been considered
and it has been decided that casual workers who have been engaged for
performing duties of Group ‘C’ posts, may, as a one time measure, be allowed
age relaxation to the extent of period of service rendered as casual worker in
a Central Government Ministry/Department or its attached/subordinate offices to
enable them to appear along with other candidates, in the regular examinations
conducted by the Staff Selection Commission for recruitment to Group ‘C’ posts.
The relaxation in the upper age limit on the above lines will be subject to the
following conditions:-
i) The casual worker must be in
employment in a Government office on the date of issue of these instructions.
ii) He/she must have completed
240 days (206 days in offices observing 5 days’ a week) of service in the
immediately two preceding calendar years.
iii) He/she must be educationally
qualified for the post for which appointment is sought.
3. The casual workers who are
working against any Group ‘C’ posts other than that of Stenographer and who
satisfy the conditions as laid down in para 2 above shall be eligible to appear
in the examination conducted by the Staff Selection Commission for recruitment
for the post of Lower Division Clerk.
4. The casual workers who are
employed against the posts of Stenographers and satisfy the conditions as laid
down in para 2 above shall be eligible to appear in the examination conducted
by the Staff Selection Commission for recruitment to the post of Stenographer.
5. The instructions contained in
this OM are not applicable to casual workers doing work of purely seasonal or
casual nature or those working against Group ‘D’ posts.
6. The relaxation given to the
casual workers will be available only for next examination to be conducted by
Staff Selection Commission for the recruitment to the posts of LDCs and
Stenographers. It will be the responsibility of the administrative
Ministries/Deptts. where the casual worker is employed at the time of issue of
these instructions to ensure that the casual workers intending to appear in the
relevant examination conducted by the Staff Selection Commission satisfy all
the conditions prescribed above. Such certificate shall be issued under the
signature of an officer not below the rank of Deputy Secretary or equivalent.
In case such certificate is not enclosed, the application of the casual worker
is liable to be rejected.
7. The casual workers who
competes successfully in the regular examination conducted by the Staff
Selection Commission will be treated at par with other successful candidates
and can be appointed in any Ministry /Department /Office as per the normal
terms and conditions of appointment. They will have no right to make a claim
for appointment only in that Ministry/Department Office where they were
employed as casual workers. On their regular appointment, they will not be
entitled to any benefit for the period of service rendered by them as casual
worker.
8. Casual workers employed
against other Group ‘C’ posts for which recruitment is not done on a
centralized basis, either by SSC or otherwise, shall also be given age
relaxation as a one time measure, for the purpose of their regularisation
against Group ‘C’ posts subject to fulfillment of conditions mentioned in para
2 above. These casual employees will also have to compete successfully in the
examination / selection test prescribed for the post. Wherever condition for
sponsorship through employment exchange is prescribed for recruitment to such
posts, this will not be insisted upon in case casual worker already engaged
against the post.
9. The services of those casual
workers who do not appear in the examination/ selection test inspite of age
relaxation or who are not successful in the examination/test, will be
terminated immediately after the declaration of the result of the test.
10. It is once again reiterated
that there is a complete ban on engagement of casual workers for performing
duties of Group ‘C’ posts and hence no appointment of casual worker should be
made in future for performing duties of Group ‘C’ post. If any deviation in
this regard is committed, the administrative officer in charge, in the rank of
Joint Secretary or equivalent will be held responsible for the same.
Sd/-
Manjit S. Bali
Deputy Secretary to the
Government of India.
--------------------------------------------------------------------------------
Ministry of Personnel, Public
Grievances and Pensions (Deptt. of Personnel and Training)
OM No. 49014/4/90 Estt. ( C )
dated 8th April,1991
(XVIII)
Subject: Regularisation of
services of casual workers in Group ‘D’ posts-Relaxation of employment exchange
procedure and upper age limit.
The undersigned is directed to
refer to this Department’s OM No. 49014/4/77-Estt.( C ) dated 21st March, 1979
where in the conditions for regularisation of casual workers against Group ’D’
posts were prescribed. The policy with regard to engagement and remuneration of
casual workers in Central Government offices has been reviewed from time to
time and detailed guidelines in the matter were issued vide OM No.
49014/2/86-Estt.( C ) dated 7th June, 1988.
2. Requests have now been
received from various Ministries/Departments for allowing relaxation in the
conditions of upper age limit and sponsorship through employment exchange for
regularisation of such casual employees against Group ‘D’ posts, who were
recruited prior to 7.6.88, i.e., date of issue of guidelines. The matter has
been considered and keeping in view the fact that the casual employees being to
the economically weaker section of the society and termination of their
services will cause undue hardship to them, it has been decided, as a one time
measure, in consultation with the Director General Employment and Training,
Ministry of Labour, that casual workers recruited before 7.6.88 and who are in
service on the date of issue of these instructions, may be considered for
regular appointment to Group ‘D’ posts, in terms of the general instructions,
even if they were recruited otherwise than through employment exchange and had
crossed the upper age limit prescribed for the post, provided they are
otherwise eligible for regular appointment in all other respects.
3. It is once again reiterated
that recruitment of casual workers in Central Government Offices may be
regulated strictly in accordance with the guidelines contained in this
Department’s OM No. 49014/2/86- Estt. ( C ) dated 7.6.88. Cases of neglect of
these instructions should be viewed very seriously and brought to the notice of
the appropriate authorities for taking prompt and suitable action against the
defaulters.
4. Ministry of Finance etc. are
requested to bring the contents of this OM to the notice of all the appointing
authorities under their respective administrative control.
Sd/- M. S. Bali
Deputy Secretary to the
Government of India
--------------------------------------------------------------------------------
DO Letter No. 49014/5/92 Estt. (
C) dated 1st January, 1993 of Secretary ( P) to Secretaries to Government of
India
(XIX)
As you are aware, the policy
regarding engagement of casual workers in Central Government Offices was
reviewed some time back by the Government and revised guidelines in the matter
of recruitment of casual workers on daily wage basis were issued vide OM No.
49014/2/86- Estt. ( C) dated 7th June, 1988. These guidelines inter- alia
envisage that persons on daily wages should not be recruited for work of regular
nature and recruitment of daily wagers may be made only for work which is of
casual or seasonal or intermittent nature or for work which is not of full time
nature. Of late, it has been observed that these guidelines are being observed
more in breach than in their implementation. More often than not, the
administrative authorities continue to engage casual workers disregarding these
guidelines thereby affording the employees an unintended opportunity to seek
regularisation of their services through the aegis of Courts, Tribunals etc. In
a number of instances the casual workers had to be retained in accordance with
the directions of the Court even when there were no vacancies/work for such
casual labourers.
2. The Government have taken a
very serious view about the continued violation of the above guidelines. As
failure to carry out orders or follow the rules and regulations constitutes a
serious misconduct, I shall be grateful, if you kindly emphasise upon the
various administrative authorities under your control the need to observe these
guidelines strictly. It may also be brought to the notice of these authorities
that failure on their part to comply with the guidelines would render them
liable for disciplinary action.
Sd/- (N.R. Ranganathan)
Secretary (P)
--------------------------------------------------------------------------------
DO Letter No. 49014/5/92 Estt. (
C) dated 29th April, 1993 of Secretary ( P) to Secretaries to the Government of
India
(XX)
Please refer to my do letter of even
number dated the 1st January, 1993 regarding the need to observe strictly the
guidelines issued by the Government about the engagement of casual workers on
daily wage basis. Inspite of reiteration of the guidelines from time to time,
it has been noticed that the services of persons initially engaged on daily
rated basis for work of casual or intermittent nature are continued on one
pretext or the other for long durations which subsequently gives rise to
claims/pressures for regularisation of their services. If the guidelines issued
by the Government are strictly observed, there is no reason why situations of
this type should arise, at all. To avoid such complications and to ensure
economy in administrative expenditure, it has been decided that under no circumstances,
casual labour should be allowed to be engaged during summer season for a period
of more than 3 months. A serious view should be taken of any violation of these
instructions and appropriate action against the officer (s) responsible for any
violation should be taken.
N.R. Ranganathan
Sd/- Secretary (P)
--------------------------------------------------------------------------------
Ministry of Personnel, Public
Grievances and Pensions (Deptt. of Personnel and Training)
OM No. 51016/2/90 Estt. ( C )
dated 10th Septemberl, 1993
(XXI)
Subject: Grant of temporary
status and regularisation of casual workers - Formulation of a scheme in
pursuance of the CAT, Principal Bench, New Delhi, Judgment dated 16th February,
1990 in the Case of Raj Kamal & Others Vs UOI.
The guidelines in the matter of
recruitment of persons on daily-wage basis in Central Government offices were
issued vide this Department’s OM No. 49014/2/86-Estt. ( C) dated 7.6.88. The
policy has further been reviewed in the light of the judgment of the CAT,
Principal Bench, New Delhi delivered on 16.2. 1990 in the writ petition filed
by Shri Raj Kamal & Others Vs Union of India and it has been decided that
while the existing guidelines contained in OM dated 7.6.88 may continue to be followed,
the grant of temporary status to the casual employees, who are presently
employed and have rendered one year of continued service in Central Government
offices other than Deptt. of Telecom, Posts and Railways may be regulated by
the scheme as appended.
2. Ministry of Finance etc. are
requested to bring the scheme to the notice of appointing authorities under
their administrative control and ensure that recruitment of casual employees is
done in accordance with the guidelines contained in OM dated 7.6.88. Cases of
negligence should be viewed seriously and brought to the notice of appropriate
authorities for taking prompt and suitable action.
Sd/- Y.G. Parande
Director
--------------------------------------------------------------------------------
APPENDIX
Ministry of Personnel, Public
Grievances and Pensions (Deptt. of Personnel and Training, Casual Labourers
(Grant of Temporary Status and Regularisation) Scheme
1. This scheme shall be called
"Casual Labourers (Grant of Temporary Status and Regularisation) Scheme of
Government of India, 1993."
2. This Scheme will come into
force w. e. f. 1.9.1993.
3. This scheme is applicable to
casual labourers in employment of the Ministries/Departments of Government of
India and their attached and subordinate offices, on the date of issue of these
orders. But it shall not be applicable to casual workers in Railways,
Department of Telecommunication and Department of Posts who already have their
own schemes.
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).
(ii) Such conferment of temporary
status would be without reference to the creation/availability of regular Group
`D’ posts.
(iii) Conferment of temporary
status on a casual labourer would not involve any change in his duties and
responsibilities. The engagement will be on daily rates of pay on need basis.
He may be deployed anywhere within the recruitment unit/territorial circle on
the basis of availability of work.
(iv) Such casual labourers who
acquire temporary status will not, however, be brought on to the permanent
establishment unless they are selected through regular selection process for
Group `D’ posts.
5. Temporary status would entitle
the casual labourers to the following benefits:-
(i) Wages at daily rates with
reference to the minimum of the pay scale for a corresponding regular Group `D’
official including DA, HRA and CCA
(ii) Benefits of increments at
the same rate as applicable to a Group `D’ employee would be taken into account
for calculating pro-rata wages for every one year of service subject to
performance of duty for at least 240 days, 206 days in administrative offices
observing 5 days week) in the year from the date of conferment of temporary
status.
(iii) Leave entitlement will be
on a pro-rata basis at the rate of one day for every 10 days of work, casual or
any other kind of leave, except maternity leave, will not be admissible. They
will also be allowed to carry forward the leave at their credit on their
regularisation. They will not be entitled to the benefits of encashment of
leave on termination of service for any reason or on their quitting service.
(iv) Maternity leave to lady
casual labourers as admissible to regular Group `D’ employees will be allowed.
(v) 50% of the service rendered
under temporary status would be counted for the purpose of retirement benefits
after their regularisation.
(vi) After rendering three years’
continuous service after conferment of temporary status, the casual labourers
would be treated on par with temporary Group `D’ employees for the purpose of
contribution to the General Provident Fund, and would also further be eligible for
the grant of Festival Advance/Flood Advance on the same conditions as are
applicable to temporary Group `D’ employees, provided they furnish two sureties
from permanent Government servants of their Department.
(vii) Until they are regularized,
they would be entitled to Productivity Linked Bonus/ Ad-hoc bonus only at the
rates as applicable to casual labourers.
6. No benefits other than those
specified above will be admissible to casual labourers with temporary status.
However, if any additional benefits are admissible to casual workers working in
Industrial establishments in view of provisions of Industrial Disputes Act,
they shall continue to be admissible to such casual labourers.
7. Despite conferment of
temporary status, the services of a casual labourer may be dispensed with by
giving a notice of one month in writing. A casual labourer with temporary
status can also quit service by giving a written notice of one month. The wages
for the notice period will be payable only for the days on which such casual
worker is engaged on work.
8. Procedure for filling up of
Group `D’ posts
(i ) Two out of every three
vacancies in Group `D’ cadres in respective offices where the casual labourers
have been working would be filled up as per extant recruitment rules and in
accordance with the instructions issued by Department of Personnel and Training
from amongst casual workers with temporary status. However, regular Group `D’
staff rendered surplus for any reason will have prior claim for absorption
against existing/future vacancies. In case of illiterate casual labourers or
those who fail to fulfill the minimum qualification prescribed for post,
regularisation will be considered only against those posts in respect of which
literacy or lack of minimum qualification will not be a requisite
qualification. They would be allowed age relaxation equivalent to the period
for which they have worked continuously as casual labourer.
9. On regularisation of casual
worker with temporary status, no substitute in his place will be appointed as
he was not holding any post. Violation of this should be viewed very seriously
and attention of the appropriate authorities should be drawn to such cases for
suitable disciplinary action against the officers violating these instructions.
10. In future, the guidelines as
contained in this Department’s OM dated 7.6.88 should be followed strictly in
the matter of engagement of casual employees in Central Government offices.
11. Department of Personnel and
Training will have the power to make amendments or relax any of the provisions
in the scheme that may be considered necessary from time to time.
--------------------------------------------------------------------------------
Ministry of Personnel, Public
Grievances and Pensions (Deptt. of Personnel and Training)
OM No. 49014/2/93 Estt. ( C )
dated 9th March, 1994.
(XXII)
Subject: Grant of temporary
status and regularisation of casual workers - Admissibility of Interim Relief.
The undersigned is directed to
refer to Department of Personnel & Training OM No. 51016/2/90-Estt. ( C)
dated 10th September, 1993 on the subject noted above and to say that
references have been received from various Ministries/Departments seeking clarification
whether Interim Relief of Rs.100/-p.m. granted to Central Government employees
vide Ministry of Finance, Department of Expenditure OM No. 7 (26)/E.III/93
dated 27.9.93 would be admissible to casual employees who have been bestowed
with temporary status.
2. The matter has been considered
in consultation with Ministry of Finance and it has been decided that the
Interim Relief at the rate of Rs. 100/- p.m. will be admissible to casual
employees with temporary status and also to casual employees who are entitled
to daily wages with reference to minimum of the pay scale for corresponding
regular Group ‘D’ official including DA, HRA and CCA or Pay plus DA. The casual
employees entitled to daily wages not linked to minimum of the pay scale plus
DA for corresponding regular Group ‘D’ employees or casual workers/contingent
employees engaged on part-time basis shall not be entitled to Interim Relief.
3. The above decision is
effective from 16.9.93.
Sd/-
V.NATARAJAN
Deputy Secretary to the Govt. of
India.
--------------------------------------------------------------------------------
Ministry of Personnel, Public
Grievances and Pensions (Deptt. of Personnel and Training)
OM No. 49014/2/93 Estt. ( C )
dated 12th July , 1994.
(XXIII)
Subject: Grant of temporary
status and regularisation of casual workers.
The undersigned is directed to
refer to Department of Personnel & Training OM No. 51016/2/90-Estt. ( C)
dated 10th September, 1993 on the subject noted above and to say that many
references have been received from various Ministries/Departments seeking clarifications
on certain points relating to grant of temporary status to casual labourers.
2. Clarifications in respect of
the points raised in the references are given below:-
S. No.
Points raised
Clarifications
1.
Whether the casual employees who
were not initially engaged through employment exchange are entitled to the
benefit of temporary status.
Since it is mandatory to engage
casual employees through employment exchange, the appointment of casual
employees without employment exchange is irregular. Hence such casual employees
cannot be bestowed with temporary status.
2.
Whether temporary status could be
granted to the part-time casual employees.
No.
3.
Will the casual labourers
initially engaged after crossing the upper age limit prescribed for recruitment
to Group `D’ posts be eligible for grant of temporary status?
No age limit has been prescribed
for grant of temporary status. However, for the purpose of subsequent
regularisation, the conditions regarding age and educational qualifications
prescribed in the relevant recruitment rules will apply.
4.
Will the wages of casual
employees would be debited to the salaries sub-head of the establishment or to
the contingent sub-head?
Since the casual employees on
grant of temporary status would be entitled for wages on actual basis, their
wages will have to be debited to the sub-head `wages’.
5.
Whether the casual employees
working in administrative offices observing 5 days week would be entitled to
the benefit of paid weekly off.
Since the facility of paid weekly
off is admissible after 6 days of continuous work, this would not be admissible
to casual employees working for 5 days in a week.
6.
For the purpose of assessing
leave entitlement how should qualifying period be reckoned?
Qualifying period should be
reckoned with reference to actual number of days duty performed ignoring days
of weekly off, leave and absence etc. All days of duty will be counted
irrespective of intervening spells of absence, which do not constitute break in
service.
7.
Frequency at which leave will be
credited.
Twice a year. On the 1st of
January and 1st of July credit will be afforded for the preceding half year or
fraction thereof, on a pro-rata basis at the rate of one day for every 10 days
of work.
Sd/-
Krishna Menon
Deputy Secretary to the
Government of India
--------------------------------------------------------------------------------
Ministry of Personnel, Public
Grievances and Pensions (Deptt. of Personnel and Training)
OM No. 49014/2/93 Estt. ( C )
dated 2nd August , 1995.
(XXIV)
Subject: Grant of Interim Relief
to casual workers.
The undersigned is directed to
say that the references have been received from various quarters seeking
clarification whether Interim Relief at the rate of 10% of the basic pay
sanctioned to Central Government employees vide Ministry of Finance, Department
of Expenditure OM No. 7 (5)/E.III/95 dated 14th July, 1995 would be admissible
to casual employees who have been bestowed with temporary status.
2. The matter has been considered
in consultation with Ministry of Finance, and it has been decided that the
Interim Relief at the rate of 10% of the basic pay subject to minimum of
Rs.100/- per month will be admissible to casual employees with temporary status
and also to casual employees who are entitled to daily wages with reference to
minimum of the pay scale for corresponding regular Group `D’ official including
DA, HRA and CCA or Pay plus DA w. e. f. 1st April, 1995. The casual employees
entitled to daily wages not linked to minimum of the pay scale plus DA for
corresponding regular Group `D’ employees or casual workers/contingent
employees engaged on part- time basis shall not be entitled to Interim Relief.
3. This issues in consultation
with Ministry of Finance, Department of Expenditure vide their UO No.
F/Exp/NO.1078/EIV/95 dated 28.7.95.
Sd/-
Krishna Menon
Deputy Secretary to the
Government of India
--------------------------------------------------------------------------------
Ministry of Personnel, Public
Grievances and Pensions(Department of Personnel & Training)
OM No.49014 /3/96-Estt. (C)
dated the 7th Oct., 1996
(XXV)
Subject:- Grant of Interim Relief
to Casual workers.
The undersigned is directed to
say that the matter as to whether another instalment of Interim Relief
sanctioned to all Central Government employees vide Ministry of Finance,
Department of Expenditure O.M.No.7 (23)/ E.III/96 dt. 6th Sept., 96 would be
admissible to casual employees has been considered in consultation with the
Ministry of Finance. It has been decided that the Interim Relief at the rate
10% of the pay on which the wages of casual employees are computed subject to a
minimum of Rs.100/- per month would be admissible to casual employees w.e.f. 1.4.1996.
2. The casual employees whose
wages are not linked to minimum of the pay scale plus DA for corresponding
regular Group ‘D’ employees or casual workers/contingent employees engaged on
part-time basis shall not be entitled to Interim Relief.
3. This issues in consultation
with Min. of Finance, Deptt of Expenditure vide their U.O. No.1288/E.III/96
dtd,4.10.96.
(Y.G. Parande)
Director.
--------------------------------------------------------------------------------
Ministry of Personnel, Public Grievances
and Pensions(Department of Personnel & Training)
O.M.No. 49011/2/97-Estt (C)
dated 24th October,1997
(XXVI)
Subject:-
Recommendation of Fifth Central
Pay Commission Applicability of revised Group ‘D’ pay scales to Casual
labourers with Temporary Status.
The undersigned is directed to
say that references have been received in this Department seeking clarification
regarding the applicability of revised Group ‘D’ pay scales for casual
labourers with temporary status.
2. As per para 5 of the Casual
Labourers (Grant of Temporary status and Regularisation ) Scheme, temporary
status would entitle the casual labourers to the following benefits:-
( i ) Wages at daily rates with
reference to the minimum of the pay scale for a corresponding regular Group ‘D’
official including DA, HRA and CCA.
(ii) Benefits of increments at
the same rate as applicable to a Group ‘D’ employee would be taken into account
for calculating pro rata wages for every one year of service subject to
performance of duty for at least 240 days (206 days in administrative offices
observing five days week) in the year from the date of conferment of temporary
status.
3. It is obvious from points ( i
) and ( ii) above that if any revision of Group ‘D’ pay scale takes place
casual labourers with temporary status will be entitled to receive their wages,
with reference to the minimum of the revised pay scale with effect from the
date as applicable to regular Group ‘D’ employees and no separate order would
be necessary for the purpose. Their pay for the purpose of calculation of wages
will be determined in the same way as in the case of regular Group ‘D’
employees.
4. This has the approval of
Ministry of Finance (Department of Expenditure).
Sd/- (S.Nandkeolyar)
Director
Ministry of Personnel, Public
Grievances and Pensions(Department of Personnel & Training)
O.M.No. 49014/4/97-Estt (C)
dated 29th Januaryl,1998.
(XXVII)
Subject: Fixation of pay of
casual labourers with temporary status on regularisation against a Group `D’
post.
The undersigned is directed to
say that references are being received in this Department seeking
clarifications with regard to fixation of pay of casual labourers with
temporary status on their regularisation against a Group `D’ post.
2. As per the provisions of
Casual Labourers (Grant of Temporary Status and Regularisation) Scheme, the
conferment of temporary status to the casual labourers is without reference to
the availability of a regular Group `D’ post and despite conferment of
temporary status they continue to draw wages on actual basis. The pay of casual
labourer with temporary status on their regularisation against a Group `D’ post
may, therefore, be fixed at the minimum of the pay scale of the relevant Group
`D’ post.
3. This issues in concurrence
with the Ministry of Finance vide their ID No. 1675/EIII-A/98 dated 9.1.98.
Sd/-
(S.Nandkeolyar)
Director
--------------------------------------------------------------------------------
Ministry of Personnel, Public
Grievances and Pensions(Department of Personnel & Training)
O.M.No. 49014/3/97-Estt( C )
dated 1st April,1998.
(XXVIII)
Subject:-
Grant of Transport allowance to
Casual employees who have been granted ‘Temporary status’
The question as to whether
‘Transport Allowance’ granted to the Central Government employees, vide
Ministry of Finance, Department of Expenditure OM No. 21(i)/97/E-II (B) dated
3rd October, 1997,would be admissible to casual employees who have been granted
temporary status has been considered and it has been decided that the casual
employees who have been granted temporary status shall be entitled to Transport
Allowance for computation of their daily rates of wages, at the following
rates:-
"A-1/"A" Class City
Other Places
-------------------------
----------------
Rs. 100 Rs. 75
2. The grant of Transport
Allowance under these orders shall be regulated according to, and will be
subject to the following conditions:-
(i) The cities referred to a s
"A-1" and "A" in these orders shall be the same as those
classified as such for the purpose of Compensatory (City) Allowance (CCA) in
terms of the orders issued separately regulating grant of CCA to Central
Government employees.
(ii) This allowance will not be
admissible during absence from duty exceeding 30 days due to leave or
otherwise.
(iii) The allowance shall not be
admissible to those employees who are living in Government accommodation within
a distance of one kilometer or within a campus housing the places of work and
residence.
Note: The grant of the allowance
under these orders would be subject to furnishing of a certificate by the
employee that the Government accommodation is not located within one kilometer
from the place of work of the concerned employees or within a campus housing
the places of work and residence.
(iii) The allowance shall not be
admissible to those employees who have been provided with the facility of
Government transport.
3. These orders shall take effect
from 1.8.97.
Sd/-
(Harinder Singh)
Joint Secretary to the Government
of India
--------------------------------------------------------------------------------
Ministry of Personnel, Public
Grievances and Pensions(Department of Personnel & Training)
O.M.No. 40011/6/2002-Estt( C )
dated 6 June, 2002
(XXIX)
Subject:
Casual Labourers (Grant of
Temporary Status and Regularisation) Scheme of Govt. of India,
1993-Clarifications.
The Undersigned is directed to
say that the Casual Labourers (Grant of Temporary Status & Regularisation)
Scheme of Government of India, 1993 formulated in pursuance of the
CAT,Principal Bench judgement dated 16th February, 1990 in the case of Raj
Kamal & Others Vs. Union of India and circulated vide this Department’s OM
no.51016/2/90-Estt(C ) dated 10th September, 1993, inter alia stipulate the
following conditions for grant of temporary status to the persons recruited on
daily wage basis in the Central Government Offices:-
(i) Temporary status would be
conferred on all casual labourers who are in employment on the date of issue of
the OM (namely 10-9-93);
(ii) Should 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 five days a week); and
(iii) Conferment of temporary
status on casual labourer would not involve any change in his duties and
responsibilities and the engagement will be on daily rates of pay on need
basis. He may be deployed anywhere within the recruitment unit/territorial
circle on the basis of availability of work.
2. Various Benches of the CAT and
some High Courts have been taking the view that the scheme is an ongoing affair
and that any casual employee who is engaged for 240 days or more (206 days in
case of five days a week offices) acquired a right to temporary status. The
Supreme Court has finally decided the matter in SLP ( Civil ) No. 2224/2000) in
the case of Union of India& Anr. Vs. Mohan Pal etc. etc. The Supreme Court
has directed that:-
"The Scheme of 1-9-93 is not
an ongoing Scheme and the temporary status can be conferred on the casual
labourers under that Scheme only on fulfilling the conditions incorporated in
clause 4 of the scheme, namely, they should have been casual labourers in
employment on the date of the commencement of the scheme and they should have
rendered continuous service of at least one year i.e. at least 240 days in a
year or 206 days (in case of offices having 5 days a week). We also make it
clear that those who have already been given ‘temporary’ status on the
assumption that it is an ongoing Scheme shall not be stripped of the
‘temporary’ status pursuant to our decision"
3. The Supreme Court in the above
case have also considered the question as to whether the services of casual
labourers who had been given ‘temporary status could be dispensed with as per
clause 7 as if they were reqular casual labourers and observed that-
"The casual labourers who
acquire ‘temporary’ status cannot be removed merely on the whims and fancies of
the employer. If there is sufficient work and other casual labourers are still
to be employed by the employer for carrying out the work, the casual labourers
who have acquired ‘temporary’ status shall not be removed from service as per
clause 7 of the Scheme. If there is serious misconduct or violation of service
rules, it would be open to the employer to dispense with the services of a
casual labourer who had acquired the ‘temporary’ status"
4. All Ministries/Department are
requested to bring the above judgment / observations to the notice of all
concerned for strict observance. The existing guidelines in the matter of
engagement of casual workers in Central Government offices contained in OM No.
49014/2/86-Estt.( C ) dated 7-6-88 may also be observed scrupulously while
making engagement of casual labourers.
Sd/-(Smt. Pratibha Mohan)
Director
--------------------------------------------------------------------------------
Ministry of Personnel, Public
Grievances and Pensions(Department of Personnel & Training)
O.M.No.49014/1/2004 -Estt (C)
dated the 23rd July, , 2004
(XXX)
Subject:- Introduction of New
Pension Scheme- Modification of scheme for grant of temporary status.
The undersigned is directed to
refer to this Department’s OM of even number dated 26th April, 2004 vide which
the provisions of Casual Labourers (Grant of Temporary Status &
Regularisation) Scheme of Govt. of India, 1993 was reviewed and modified on
introduction of New Pension Scheme w. e. f. 1st January, 2004. The references
have been received in this Department seeking clarification as up to what date
interest on the GPF accumulations of the casual labourers has to be allowed.
The matter has been considered in consultation with Department of Pension &
Pensioners’ Welfare and Ministry of Finance (Department of Expenditure) and it
has been decided that interest up to 30th April, 2004 may be allowed on the GPF
accumulations of the casual labourers who have been bestowed with temporary
status.
2. This issues in concurrence
with Department of Expenditure vide their UO. No. 442/EV/2004 dated 15.7.2004
Sd/-.(Smt. Pratibha Mohan)
Director
--------------------------------------------------------------------------------
Ministry of Personnel, Public
Grievances and Pensions(Department of Personnel & Training)
O.M. No.49014/1/2004 -Estt (C)
dated the 26th April, 2004
(XXXI)
Subject:- Introduction of New
Pension Scheme- Modification of scheme for grant of temporary status.
The undersigned is directed to
say that the scheme for grant of temporary status and regularisation of casual
workers in Central Govt. Offices formulated in pursuance of the judgement dated
16.2.90 of the Central Administrative Tribunal, Principal Bench in the case of
Raj Kamal & Others Vs Union of India has been reviewed in the light of
introduction of New Pension Scheme in respect of persons appointed to the
Central Government service on or after 1.1.2004 and it has been decided to
modify the scheme as under:-
(i) As the new pension scheme is
based on defined contributions, the length of qualifying service for the purpose
of retirement benefits has lost its relevance, no credit of casual service, as
specified in para 5 (v), shall be available to the casual labourers on their
regularisation against Group `D’ posts on or after 1.1.2004.
(ii) As there is no provision of
General Provident Fund in the new pension scheme, it will not serve any useful
purpose to continue deductions towards GPF from the existing casual employees,
in terms of para 5 (vi) of the scheme for grant of temporary status. It is,
therefore, requested that no further deduction towards General Provident Fund
shall be effected from the casual labourers w. e. f. 1.1.2004 onwards and the
amount lying in their General Provident Fund accounts, including deductions
made after 1.1.2004, shall be paid to them.
2. The existing guidelines
contained in this Department’s OM No. 49014/2/86-Estt. ( C) dated 7.6.88 may
continue to be followed in the matter of engagement of casual workers in the
Central Government Offices.
Sd/-
(Smt. Pratibha Mohan)
Director
--------------------------------------------------------------------------------
Ministry of Personnel, Public
Grievances and Pensions(Department of Personnel & Training)
O.M. No.49014/5/2004 -Estt ( C )
dated the 31st May, 2004
(XXXII)
Subject:- Merger of 50% of
Dearness Allowance with basic pay for Computation of daily rates of wages of
casual labourers.
The undersigned is directed to
say that references have been received from various quarters seeking
clarification whether 50% of Dearness Allowance merged with basic pay to
Central Government employees w. e. f. 1.4.2004 vide Ministry of Finance,
Department of Expenditure OM No. 105/1/04-IC dated 1st March, 2004 would be
admissible to casual labourers for the purpose of computation of their daily
rates of wages.
2. The matter has been considered
in consultation with the Ministry of Finance and it has been decided that 50%
of the Dearness Allowance merged with the basic pay will be admissible to
casual labourers with temporary status and also to casual employees who are
entitled to daily rate of wages with reference to the minimum of the pay scale
for corresponding regular Group `D’ official w. e. f. 1st April, 2004 for the
purpose of computation of their daily rates of wages. The casual labourers
entitled to daily wages not linked to the minimum of the pay scale plus
Dearness Allowance for corresponding Group `D’ employees or casual
workers/contingent employees engaged on part time basis shall not be entitled
to the above benefit.
3. This issues in concurrence
with Department of Expenditure IC UO No. 105/1/2004-IC dated 19th May, 2004.
Sd/-
(Smt. Pratibha Mohan)
Director
--------------------------------------------------------------------------------
RIGHTS OF CASUAL LABOUR3 मई 2009 1:45 am
No. 40011/6/2002-Estt(C)
Government of India
Ministry of Personnel, Public
Grievances and Pensions
Department of Personnel and
Training
*******
New Delhi, dated the 6th June,
2002
OFFICE MEMORANDUM
Subject: Casual Labourers ( Grant
of Temporary Status and
Regularisation) Scheme of Govt.
of India, 1993-Clarifications.
The Undersigned is directed to
say that the Casual Labourers(Grant of Temporary Status & Regularisation)
Scheme of Government of India, 1993 formulated in pursuance of the CAT,
Principal Bench judgement dated 16th February, 1990 in the case of Raj Kamal
& Others Vs. Union of India and circulated vide this Department's OM No.
51016/2/90-Estt(C) dated 10th September, 1993, inter alia stipulate the
following conditions for grant of temporary status to the persons recruited on
daily wage basis in the Central Government Offices:-
(i) Temporary status would be
conferred on all casual labourers who are in employment on the date of issue of
the OM (namely: 10-9-93);
(ii) Should have rendered a
continuous service of a 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 five days a week); and
(iii) Conferment of temporary
status on casual labourer would not involve any change in his duties and
responsibilities and the engagement will be on daily rates of pay on need
basis. He may be deployed anywhere within the recruitment unit/territorial circle
on the basis of availability of work.
2. Various Benches of the CAT and
some High Courts have been taking the view that the scheme is an ongoing affair
and that any casual employee who is engaged for 240 days or more (206 days in
case of five days a week offices) acquired a right to temporary status. The
Supreme Court has finally decided the matter in SLP(Civil) No. 2224/2000) in
the case of Union of India & Anr. Vs. Mohan Pal etc. etc. The Supreme Court
has directed that :-
"The scheme of 1-9-93 is not
an ongoing Scheme and the temporary status can be conferred on the casual
labourers under that Scheme only on fulfilling the conditions incorporated in
clause 4 of the scheme, namely, they should have been casual labourers in
employment on the date of the commencement of the scheme and they should have
rendered continuous service of at least one year i.e. at lease 240 days in a
year or 206 days (in case of offices having 5 days a week ). We also make it
clear that those who have already been given 'temporary' status on the
assumption that it is an ongoing Scheme shall not be stripped of the
'temporary' status pursuant to our decision".
3. The Supreme Court in the above
case have also considered the question as to whether the services of casual
labourers who had been given 'temporary status could be dispensed with as per
clause 7 as if they were regular casual labourers and observed that -
" The casual labourers who
acquire 'temporary' status cannot be removed merely on the whims and fancies of
the employer. If there is sufficient work and other casual labourers are still
to be employed by the employer for carrying out the work, the casual labourers
who have acquired 'temporary' status shall not be removed from service as per
clause 7 of the Scheme . If there is serious misconduct or violation of service
rules, it would be open to the employer to dispense with the services of a
casual labourer who had acquired the 'temporary' status".
4. All Ministries/Departments are
requested t0 bring the above judgement/observations to the notice of all
concerned for strict observance. The existing guidelines in the matter of
engagement of casual workers in Central Government Offices contained in OM No.
49014/2/86-Estt(C) dated 7-6-88 may also be observed scrupulously while making
engagement of casual labourers.
Sd/-
(Pratibha Mohan)
Director
