No.3/2/95-Dir(C)
Government of
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training
Director of (Canteens)
…………
Lok Nayak Bhawan,3rd Floor
OFFICE MEMORANDUM
Subject:- Administrative matters of the
employees of non-statutory canteens/tiffin rooms
located in Central Government offices –regarding.
The undersigned is directed to say that in compliance of the judgement passed by the Hon’ble Supreme Court of India in Writ Petition Nos.6189-7044 and 8246-55 (Shri C.K. Jha and others Vs. Union of India and others), canteen employees working in the departmental/cooperative canteens registered with Director(Canteens) and located in Central Government Offices have been declared as Government Employees w.e.f. 1.10.1991 vide this Department’s O.M. No.12/5/91-Dir.(C) dated 29.1.1992 and they are to be extended all benefits as are available to other Government employees of comparable status. Prior to this order, the service conditions of canteen employees were governed by ‘Departmental Canteen Employees (Recruitment and Conditions of Service) Rules, 1980 known as GSR-54. These rules have since been repealed vide Notification dated 15.12.1994 (F.No.3/1/93-Dir.(C).
2. With the declaration of canteen employees as Government employees w.e.f. 1.10.1991 and the necessity for the operating Departments to take the canteen employees on the rolls of their regular establishment, queries with regard to regularization, probation, confirmation etc. of canteen employees are being received for clarification. The position on these aspects are as follow :-
(i) Appointment on Regular basis :
All canteen employees who were working on regular basis (other than those appointed on ad-hoc/casual basis) prior to 1.10.1991 will be deemed to be appointed on regular basis w.e.f. 1.10.1991 in their respective grades.
(ii) Probation :
All canteen employees who have completed the probation period satisfactorily in terms of GSR-54 prior to 1.10.1991 will be deemed to have
completed the probation satisfactorily as on 1.10.1991. For post 1.10.1991 recruits, if any, probation period as prescribed under the relevant recruitment rules will be applicable. In the case of those canteen employees, who were recruited prior to 1.10.1991 but had not completed their period of probation as on 1.10.1991, their period of probation will be regulated in terms of Rule 8 of GSR-54.
(iii) Confirmation :
(a) Confirmation will be made only once in the service of an official which will be in the entry grade.
(b) All canteen employees who have completed the probation satisfactorily as on 1.10.1991 will be deemed to be confirmed in their respective grades as on 1.10.1991. In their case a specific order of confirmation will be issued whereafter an entry to this effect will be made in their Service Book. For post 1.10.1991 recruits, if any, normal confirmation rules (Prescribed for the Government employees) will apply. Those canteen employees who were recruited prior to 1.10.1991 but had not completed their period of probation as on 1.10.1991, they will be deemed to be confirmed immediately on completion of their probation period.
(iv) Crossing
of Efficiency Bar :
For the purpose of approving the crossing of EB in the case of canteen employees, DPC may be constituted as per instructions laid down in the “Model Recruitment Rules” for the canteen employees. As no ACR forms have been prescribed for the canteen employees, the employees be allowed to cross EB on the basis of performance reports which may be obtained from the Manager/Secretary/Chairman of the canteen.
3. All the Ministries are requested to bring these instructions to the notice of all Attached/Subordinate Offices under them.
Sd/-
( S.T. RAJAN )
DIRECTOR (CANTEENS)
To
All the Ministries/Departments of the Government of India (as per standard list).