Convenience Cleaner Was Conveniently Overlooked By Food Corporation Of India: Andhra Pradesh HC Upholds Regularization Of Services Of Safai-Karamachari
The Andhra Pradesh High Court upheld the regularization of the services of a safai karamchari who has been working since 1988 and observed that she was overlooked all through by the Food Corporation of India (‘FCI’).
The Division Bench of Justice G Narendar and Justice Nyapathy Vijay observed, “A fair statement by the Respondent-Corporation as to the number of Safai Karamcharis regularized pursuant to the policy directive of the Government of India after 1995 is not forthcoming in the pleadings or in the impugned proceedings. Further, no reason was assigned as to why the petitioner was not regularized pursuant to the recommendations of the Government of India, Ministry of Social Welfare. In the face of specific instructions of Government of India, it would not be open to the Respondent-Corporation to contend that the regularization of the services of the petitioner is not possible for want of sanctioned posts.”
Advocate Maheshwara Rao Kuncheam appeared for the Appellants whereas Advocate G Jonathan appeared for the Respondent.
The present appeal was filed by the FCI assailing the order passed in a writ petition filed by the Respondent-petitioner seeking directions to regularize the services of the Respondent-petitioner with all benefits.
The Respondent-petitioner was a Safai Karamchari since 1988 and made a representation for regularization of the services but no action was taken by the FCI.
The Single Judge in the writ petition directed the FCI to regularize the services of the Respondent-petitioner as ‘Safaiwala/housekeeping staff’ with effect from September 6, 2002, and observed that she is entitled to all consequential benefits.
While referring to the letter given to the Assitant Manager for regularization of the Respondent-petitioner, the Court held, “This letter was never referred to in any of the subsequent proceedings by the respondent-Corporation. The convenience cleaner was conveniently overlooked all through by the Respondent-Corporation.”
The Court said that the FCI was bound to adhere to the policy directives given by the Government to regularize Safai Karamcharis, engaged in contract/daily rated basis and provide them insurance coverage, etc., in true spirit.
“As the petitioner was admittedly engaged by the Respondent-Corporation from 1986, it is not open to the Respondent-Corporation to deny regularization on the ground of age by taking advantage of their own inaction to regularize the services at the earliest point of time.”, the Court observed.
The Court placed its reliance on the judgment passed by the Apex Court in Mahanadi Coalfields Ltd v. Brajrajnagar Coal Mines Workers Union(2024), and said that the work of the Respondent-petitioner being perennial in nature and in the facts of the case, the FCI was bound to regularize the services of her.
Accordingly, the Court disposed of the Appeal.
Cause Title: Food Corporation of India and Ors. v. Smt G Mary
Appearances:
Appellants: Advocate Maheshwara Rao Kuncheam
Respondent: Advocate G Jonathan
