Casual Labourers -Grant of Temporary Status and Regularisation-Scheme

No. 45-95/87-SPB-I Dt. 12.4.1991

To:

1. All Chief Postmasters General/Postmasters General
2. All Principals, Postal Training Centres
3. Controller, Foreign Mails, Bombay
4. Director, Postal Staff College, Ghaziabad
5. Heads of all other Administrative Offices

Subject: Casual Labourers (Grant of Temporary Status and Regularisation) Scheme

Sir/Madam,

In compliance with the directions of the Hon’ble Supreme Court, a scheme was drawn up by this Department in consultation with the Ministry of Law and the President of India has accorded approval to the scheme. The scheme is as follows:

1. Temporary Status would be conferred on the casual labourers in employment as on 29.11.1988 and who continue to be currently employed and have rendered continuous service of at least one year during which they must have been engaged for a minimum of 240 days (206 days in the case of offices observing five days a week).
2. Such casual workers who are conferred with temporary status would be required to put in full working hours (eight hours, including 1/2 hour lunch time) at daily rates on the basis of the minimum of the pay scale for a regular Group ‘D’ employee including D.A., H.R.A., etc.
3. Benefit of increment at the same rate as applicable to a Group ‘D’ employee would be taken into account for calculating personal pay after completion of one year of service from the date of conferment of Temporary status. Such increment will be taken into account after every one year of service subject to performance of duty for at least 240 days (206 days in establishments observing five days week) in the year.
4. Leave entitlement will be one day for every 10 days of work. Casual leave or any other kind of leave except maternity leave will not be admissible. No encashment of leave is permissible on termination of service for any reason or on the casual labourer quitting service.
5. Maternity leave to lady full-time casual labourers will be allowed as admissible to regular Group ‘D’ employees.
6. 50% of the service rendered under Temporary status would be counted for the purpose of retirement benefits after regularisation as a regular Group ‘D’ official.
7. Conferment of Temporary status does not automatically imply that the casual labourers would be appointed as a regular Group ‘D’ employee within any fixed time frame. Appointment to Group ‘D’ vacancies will continue to be done as per the extant recruitment rules giving preference to eligible ED employees.
8. After rendering three years of continuous service after conferment of temporary status, the casual labourers would be treated at par with temporary Group ‘D’ employees for the purpose of contribution to General Provident Fund. They would also further be eligible for grant of Festival Advance/Flood Advance on the same conditions as are applicable to temporary Group ‘D’ officials, provided they furnish two sureties from permanent Government servants of this Department.
9. Their entitlement to Productivity Linked Bonus will continue to be at the rate applicable to casual labourers.
10. Temporary status does not debar dispensing with the services of a casual labourer after following the due procedure.
11. If a labourer with temporary status commits misconduct and the same is proved in an enquiry, it will be open to terminate his service without further notice.
12. Casual labourers may be appointed against Group ‘D’ posts within the recruitment unit/territory based on availability of work.
13. For purpose of appointment as Group ‘D’ official, the casual labourers will be considered along with other eligible candidates, subject to age relaxation to the extent of service rendered as casual labourers.
14. The casual labourers can be employed in offices within the recruitment unit/territory as per requirements based on availability of work.
15. The engagement of the casual labourers will continue to be on daily rates of pay on a need basis.
16. The conferment of temporary status is subject to availability of sanctioned regular Group ‘D’ vacancies.
17. No recruitment from open market for Group ‘D’ posts, except compassionate appointments, will be done to the detriment of casual labourers with requisite qualifications for regular appointment.

Further details may be obtained from the administrative unit for implementation of the scheme. This issues with the approval of Ministry of Finance and concurrence of Integrated Finance Division vide their Dy. No. I-292-FA/91 dt. 10.4.91.

Hindi version will follow.

Yours faithfully,

(J.S. Govindarajan)
Director (Staff)