Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training
Director of (Canteens)
Lok Nayak Bhawan,3rd Floor
Subject:- Implementation of Supreme Court judgment in case of Non-Statutory Departmental/Cooperative canteen employees located in the Central Government Offices – Matter regarding.
undersigned is directed to say that the Ministries are aware that a Section of
the Canteen/tiffin room employees had filed Writ
Petitions before the Hon’ble Supreme Court of India
seeking parity with the Central Government employees [WP(C) Nos.6189-7044 ] and in compliance with
the interim order of the Hon’ble Supreme Court dated
26.09.1983 the employees of the Non-Statutory Departmental canteens/cooperative
canteens located in Central Government offices are being paid at the same rate
and on par with the Central Government employees of equal status. The instructions contained in this Ministry’s
letter No.3/2/8/83-Dir.(C) dated
2. The Hon’ble
Supreme Court of
“BY AN INTERIM ORDER DATED 26.9.1983 CERTAIN RELIEFS HAD BEEN GRANTED. IN RESPECT OF THE RELIEFS ALREADY GRANTED THIS ORDER SHALL BE DEEMED TO BE OPERATIVE FROM THAT DATE. IN CASE ANY FURTHER BENEFITS ARE ADMISSIBLE THOSE WILL BE ADMISSIBLE FROM 1.10.1991”.
3. Consequent upon the said judgement of the Hon’ble Supreme Court, it has been decided that the employees of the Non-Statutory Departmental/Cooperative canteens/tiffin rooms located in Central Government Offices should be treated as Government servants w.e.f. 1.10.1991. The employees of these canteens may, therefore, be extended all benefits as are available to other Central Government employees of comparable status from 1.10.1991 except GPF, Pension and Group Insurance Scheme in respect of which a separate communication will follow.
4. These instructions may be implemented with due care and scrutiny in consultation with the Internal Finance of your Ministry. Due care may be taken so that the benefits of these instructions are granted only to the employees of non-statutory Departmental/Cooperative canteens/tiffin rooms located in Central Government Offices and registered with as, to whom the subsidy/loan is being granted by your Ministry. As the pay and allowances of the employees of these Canteens who will be treated as Central Government servants w.e.f. 1.10.1991 will be borne by the administration the practice of granting a subsidy to meet 70% of the wage bill of the staff of these canteens and the grant of interest free loan to meet 30% balance thereof stands dis-continued from 1.10.1991.
5. The expenditure on payment of ‘Pay and Allowances’ to the employees of Canteens is to be booked under a new sub-head ‘Departmental Canteens’ below minor head “Other Expenditure” under the major head of account to which the revenue expenditure of the related Ministry/Department is ordinarily debited, and exhibited as such in the detailed demands for grants. This expenditure has to be absorbed from within the ceilings of non-plan expenditure approved by the Ministry of Finance. In this regard, a copy of Ministry of Finance (Budget Div.) O.M. No. F. 2(26)-B(CDN)/92 dated 24.1.1992 is enclosed.
6. This issues with the concurrence of Ministry of Finance (Budget Division) vide their No.2(26)-B(CDN)/92 dated 28.1.1992, MHA Finance under their No.S-8/92-Fin.I dated 29.1.1992 and Department of Legal Affairs, Ministry of Law and Justice vide their No.5673/91 of 18.12.1991.
7. All the Ministries etc. are requested to implement these orders with immediate effect so as to avoid any contempt proceedings.
8. Please acknowledge receipt.
( R.C. RICHHARIYA )
1. All Ministries/Departments of the GOI (as per standard list).
2. All Registered Canteens/Tiffin Rooms (As per list attached)
3. Ministry of Finance, (Department of Expenditure).
4. Controller General of Accounts,
5. Home Finance Division, Ministry of Home Affairs.
7. Director of Audit, Central Revenue,
8. A.O (Canteens) – with 500 spare copies