Central Administrative Tribunal - Kolkata
Manik Das vs Archaeological Survey Of India on 23 February, 2026
1 O.A./350/237/2026
CENTRAL ADMINISTRATIVE TRIBUNAL
KOLKATA BENCH
KOLKATA
OA/350/237/2026
MA/142/2026
Date of Order: 23.02.2026
Coram: Hon'ble Smt. Urmita Datta (Sen), Judicial Member
Hon'ble Mr. Anindo Majumdar, Administrative Member
1. Manik Das, son of Late Benu Das, aged about 53 years, worked as
Casual labour in the office of ASI Malda Sub-Circle Gour Malda under
the Raiganj Circle, residing at Dumuratala, Nemuya Malda (Sadar), P.Ο.-
Mahadebpur, P.S.- Malda, District Malda, Pin- 732121.
2. Subodh Chandra Das, Son of Late Kshatra Nath Das, aged about 58
years, worked as Casual labour in the office of ASI Malda Sub-Circle
Gour Malda under the Raiganj Circle, residing at Vill-Ramkali, Gour, P.O-
Piyasbari, P.S.- English Bazar, Dist-Malda, PIN- 732103.
3. Joydeb Mondal, Son of Late Shyam Charan Mandal, aged about 59
years, worked as Casual labour in the office of ASI Malda Sub-Circle
Gour Malda under the Raiganj Circle, residing at Vill-Piyasbari, P.O-
Gour, P.S English Bazar, Dist-Malda, Pin- 732103.
......... Applicants.
Vs.
1. Union of India, Service through the Secretary, Ministry of Culture,
Government of India, Shastri Bhavan, New Delhi 110001.
2. The Director General, Archaeological Survey of India, 24, Tilak Marg,
New Delhi-110001.
3. The Additional Director General (Admn.), Archaeological Survey of
India, 4, Tilak Marg, New Delhi-110001.
4. The Director Administration, Archaeological Survey of India, 24, Tilak
Marg, New Delhi-110001.
5. The Regional Director (ER), Archaeological Survey of India, Currency
Building, B.B.D Kolkata- 700001.
Digitally signed by Subhrajit Koley
DN: C=IN, O=Personal, T=3539, OID.2.5.4.65=133591138022710223v284IA59zvRrBc, Phone=
Subhrajit Koley
ad84f14b511d06dd920b6ef0222f0c78b89da33c6aae41b8e3d4015ac3fe9b11, PostalCode=712139, S=West
Bengal, SERIALNUMBER=3ff146b1252d191478634531af04c76471b832ff85f6ead8b554065a1625afef, CN=
Subhrajit Koley
Reason: I am the author of this document
Location:
Date: 2026.03.13 14:42:36+05'30'
Foxit PDF Reader Version: 2024.3.0
2 O.A./350/237/2026
5. The Superintending Archaeologist, Archaeological Survey of India,
Raiganj Circle, 2nd Floor, Sanchar Dishari, B.S.N.L. Administrative
Building, Karnajora, Raiganj, West Bengal, PIN - 733130.
7. The Conservation Assistant, Archaeological India, Survey of Malda
Sub-Circle, Ramkrisnapally, P.O & Dist-Malda, Pin-732101.
........Respondents
For the Applicant : Mr. Arpa Chakraborty; Counsel
: Mr. T K Biswas; Counsel
For the Respondents : None
O R D E R (O R A L)
Per: Hon'ble Smt. Urmita Datta (Sen) (J):
1. Ld Counsel for the applicants is present. He files affidavit of service which is taken on record.
2. It is noted although notice has been served upon the respondents, none appears for them.
3. The applicant has approached this Tribunal under Section 19 of the Administrative Tribunals Act, 1985, praying for the following relief(s):-
"(a) An Order do issue directing the respondents to act and proceed in accordance with law;
(b) An order directing the respondents to reinstate the applicants immediately and also release the all consequential service benefits (arrear of salary)from 2018 to till today and further directing the respondents to extend the benefit of judgment passed by the Hon'ble Apex Court of India in the case of Jaggo. vs. Union of India and Anita and Ors. vs. Union of India reported in 2024 SCC Online SC 3826, Vinod Kumar vs. Union of India & Ors. (2024(1) SCR 1230) and Shri Pal &Anr. vs. Nagar Nigam, Ghaziabad (CA No. 8157/2024 and the solemn Order dated 12.11.2018 passed by Hon'ble High Court of Jammu and Kashmir at Srinagar in SWP No. 290/2018 affirmed by the Order dated 12.12.2022 by Hon'ble Apex Court of India in SLP (Civil) Diary No. 36636/2022 in favour of the applicants and thereby regularizing the services of the applicants under the respondents and to allow the applicants to continue their services directly under the respondent authorities and thereby to extend the applicants the same treatment as has been provided to the similarly situated casual labourers;
(c) An Order do issue directing the respondents to start granting 1/30th Pay Plus Dearness Allowance with respect to the applicant till the completion of process of regularization;Digitally signed by Subhrajit Koley
DN: C=IN, O=Personal, T=3539, OID.2.5.4.65=133591138022710223v284IA59zvRrBc, Phone= Subhrajit Koley ad84f14b511d06dd920b6ef0222f0c78b89da33c6aae41b8e3d4015ac3fe9b11, PostalCode=712139, S=West Bengal, SERIALNUMBER=3ff146b1252d191478634531af04c76471b832ff85f6ead8b554065a1625afef, CN= Subhrajit Koley Reason: I am the author of this document Location:
Date: 2026.03.13 14:42:36+05'30' Foxit PDF Reader Version: 2024.3.0 3 O.A./350/237/2026
(d) An order directing the respondent to release the all consequential benefits till completion of process of regularization in favour of the applicant;
(e) Leave may be granted to file this application jointly under Rule 4 (5) (a) of CAT Procedure Rule, 1987.
(f) To grant all consequential benefits;
(g) To certify and transmit the entire records and papers pertaining to the applicant's case so that after the causes shown thereof conscionable justice may be done unto the applicant by way of grant of reliefs as prayed for in (a), (b)and (c) above;
(h) Such further or other Order or Orders be passed and/or Direction or Directions be given as Your Lordships may deem fit and proper."
4. MA/142/2026, filed by the applicants under Rule 4(5)(a) of the CAT (Procedure) Rules, 1987, for joint prosecution is allowed on being satisfied with the grounds therein.
5. Ld Counsel for the applicants submits that the applicants were engaged as casual labourers (Mazdoors) under the Archaeological Survey of India (ASI), Malda Sub-Circle, Gour Site in 1991, 1987 and 1987 respectively. They were implicated with a criminal case in the year 2018 and got disengaged. Subsequently, they were honourably acquitted from the criminal charges by the Learned Judicial Magistrate on 14.02.2022. However, even thereafter they were not allowed to resume their duty. Being aggrieved with the same they have made a representation on 11.09.2023 followed by repeated representations lastly on 23.12.2025. However, neither they have been allowed to resume their duty nor any of their representations has been considered till date. Hence this OA.
6. Ld Counsel for the applicants submits that at this stage it would suffice the purpose if the Respondent No. 5 be directed by this Tribunal to consider the pending representations of the applicants, treating this OA as a part of them Digitally signed by Subhrajit Koley DN: C=IN, O=Personal, T=3539, OID.2.5.4.65=133591138022710223v284IA59zvRrBc, Phone= Subhrajit Koley ad84f14b511d06dd920b6ef0222f0c78b89da33c6aae41b8e3d4015ac3fe9b11, PostalCode=712139, S=West Bengal, SERIALNUMBER=3ff146b1252d191478634531af04c76471b832ff85f6ead8b554065a1625afef, CN= Subhrajit Koley Reason: I am the author of this document Location:
Date: 2026.03.13 14:42:36+05'30' Foxit PDF Reader Version: 2024.3.0 4 O.A./350/237/2026 and communicate their decision to the applicants within a stipulated period of time.
7. Heard.
8. Since Ld Counsel for the applicants has made an innocuous prayer for consideration of representation of the applicants, we direct the Respondent No. 5 to consider the pending representations of the applicants, treating this OA as a part of them and communicate their decision to the applicants by way of a reasoned and speaking order with follow up action within a period of 06 weeks from the date or receipt of a certified copy of this order.
9. We make it clear that we have not gone into the merits of the case. All points for consideration are kept open.
10. Accordingly, both the OA and MA are disposed of. No cost.
(Mr. Anindo Majumdar) (Smt. Urmita Datta (Sen))
Member (A) Member (J)
sk
Digitally signed by Subhrajit Koley
DN: C=IN, O=Personal, T=3539, OID.2.5.4.65=133591138022710223v284IA59zvRrBc, Phone= Subhrajit Koley ad84f14b511d06dd920b6ef0222f0c78b89da33c6aae41b8e3d4015ac3fe9b11, PostalCode=712139, S=West Bengal, SERIALNUMBER=3ff146b1252d191478634531af04c76471b832ff85f6ead8b554065a1625afef, CN= Subhrajit Koley Reason: I am the author of this document Location:
Date: 2026.03.13 14:42:36+05'30' Foxit PDF Reader Version: 2024.3.0