Central Administrative Tribunal - Gauhati
Basudeb Debnath vs Comptroller And Auditor-General Of ... on 5 September, 2018
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CENTRAL ADMINISTRATIVE TRIBUNAL
GUWAHATI BENCH
Original Application No. 040/00283/2017
Date of Order: This, the 5th Day of September, 2018
THE HON'BLE SMT. MANJULA DAS, JUDICIAL MEMBER
1. Sri Basudeb Debnath
S/O Sri Motilal Debnath, 140,
Lake Chowmuhani Bazar
P.O.Agartala, P.S.West Agartala,
District-West Tripura, PIN-799001.
2. Sri Bhulu Dey, S/O- Sri Sukumar Dey,
and P.O.-Barjala
P.S.Complex, Near -Radha Krishna Nat Mandir,
District-West Tripura, PIN-799002
3. Sri Hiralal Das, S/O-Late Suklal Das,
Resident of Bhallukiya Tilla,
P.O.-Kunjaban, P.S-East Agartala,
District-West Tripura
4. Sri Karnajit Chowdhury,
S/O -Late Monoranjan Chowdhury,
Resident of-Barjala, P.O.-Barjala,
P.S-West Agartala,
District West Tripura,
PIN-799002
5. Sri Pradip Ghosh,
S/O -Sri Paritosh Ghosh, Resident of 290
Bhati Abhoynagar, Bitarban,
Near-Ramnagar Out Post,
Village-Agartala, P.S-West Agartala,
District-West Tripura, PIN-799002
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Agartala, P.S-West Agartala,
District-West Tripura, PIN-799002
6. Sri Raju Das, S/O-Sri Narayan Das,
Resident of Chandmari, UPC
Club, Kunjaban, Capital Complex,
P.O.Kunjaban, P.S-Capital Complex,
District-West Pripura, PIN-799006
7. Sri Raju Das, S/O-Sri Gopal Chandra Das,
Village-R.K.Nagar,
P.S-Bodhiung Nagar,
P.O.-Khas Noagaon (Banikva Chowmuhani),
Near-Samaj Kalyan Sngha ,
District-West Tripura,
PIN-799008
8. Sri Ranabir Chowhan,
S/O-Sri Badal Chowhan,
Resident of Kunjaban Colony,
Villag+P.O.-Abhoynagar,
P.S-East Agartala
District-West Tripura, PIN-799006
9. Sri Samir Chandra Ghosh,
District-West Tripura, PIN-799006
10. Sri Sanjoy Dey,S/O Sri Dhirendra Kumar Dey,
Resident of Ranir Bazar,
Bridhya Nagar, Near-Ration Shop,
P.O.+P.S-Ranir Bzar,
District-West Tripura, PIN-799035
11. Sri Sukanta Dey, S/O-Sri Prafulla Dey,
Resident of Radhanagar,
P.O. Agartala, P.S-West Agartala,
District-West Tripura, PIN-799001
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12. Smt. Suniti Dhanuk, W/O-Sri Dya Sankar Bhanuk
Resident of-120, AMC Ward No.3 ,
Harijan Colony, Sub-Division-Sadar,
79 tilla, Agartala,
P.O.-Kunjaban, P.S-Capital Complex,
District-West Tripur,
PIN-799006. ... Applicants
-Versus-
1. The Union of India
Department of Personnel and Training,
Represented by Principal Secretary, North Block,
New Delhi, PIN-110001.
2. The Comptroller & Auditor General of India,
9. Deen Dayal Dupadhyaya Marga,
New Delhi-110124
3. The Asst. Comptroller Auditor General (N)
9. Deen Dayal Dupadhyaya Marga,
New Delhi-110124
4. Accountant General (Audit) Tripura
Malancha Nibas, P.O.-Kunjaban,
Agartala, West Tripur, PIN-799006
5. Senior Deputy Accountant General (Audit)
Office of the Accountant General (Audit)
P.O.-Kunjaban,
Agartala, West Tripura, PIN-799006. ...
Respondents
By Advocate: None
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O R D E R (ORAL)
PER MANJULA DAS, JUDICIAL MEMBER:
Being aggrieved, the applicant approached before this Tribunal under Section 19 of the Administrative Tribunal Act, 1985 with the following reliefs:
"8.(1) The letter, dated 20.01.2017 issued by the Asst. Comptroller & Auditor General (N) to the All Heads of Department of IA & AD (Located in North East) may be quashed.
8. (II) Directing the Respondents to frame a Scheme for regularization of the service of the Applicants in the post of MTS & till such regular ization not to disengage the service of the Applicants.
(III) The Respondents may be restrained from outsourcing of the service rendered by the Applicants by disengaging the Applicants."
2. On 10.10.2017, Mr.P.Maishan, learned counsel appeared on behalf of the applicants moved before this 5 Tribunal where, this Tribunal admitted the matter and issued notice to the respondents. Mr.S.K.Ghosh, learned Addl.C.G.S.C. took notice on behalf of all the respondents.
3. Further this Tribunal passed an order as here under:-
"Copy of the petition was served on Mr.S.K.,Ghosh, learned Addl.C.G.S.C.in the Court. Heard Mr.Ghosh.
In view of the orders of the Hon'ble High Court of Tripura extending the order of status quo, the respondents are directed to maintain status quo as on today.
Respondents are at liberty to
file application seeking alteration,
vacation or modification of the status quo order as on today"
4. Thereafter, the matter was listed on 22.11.2017; however, no reply has been filed by the Respondents. Thereafter, the matter was again listed on several occasions i.e on 18.01.2018; 5.3.2018; on 11.4.2018, the respondents did not file their reply.
5. On 23.5.2018, the respondent Nos.2 to 5 filed their reply and on the same date, the learned counsel for the 6 applicants sought for two weeks time to file rejoinder. Prayer was granted to file rejoinder. The matter was listed on 12.7.2018. However, the learned counsel for the applicants was not present. Further 4 weeks time was allowed to the applicants to file their rejoinder, however no rejoinder, the matter then again listed on 14.8.2018. But no rejoinder filed.
6. To-day, when the matter is called up, neither the counsel for the applicants nor the counsel for the respondents are present.
7. From the pleadings of the applicants, it appears that they are serving as a Casual Workers since long. Some of them from 1998, 2004, 2006, 2008, 2011, 2012 respectively. According to the applicants they are discharging their duties and responsibilities of Multi Tasking Staff (MTS) since long.
8. The applicants approached the respondents authority on several times with a request to regularise their services for the post of MTS. According to the applicants, 7 their cases are still not resolved. Hence, this present Original Application.
9. From the written statement filed by the respondents in para-7, it reveals that there is no Scheme formulated by the office of the Comptroller and Auditor General of India for regularization of Casual Workers in the office of the respondents authority.
10. Vide written statement, the respondents authority stated that the applicants were engaged without observing any legal formalities and procedure which are necessary for appointment of the regular employees. Hence, the applicants are not entitled to get any relief as prayed for, in view of the decision of Hon'ble Apex Court dated 10.4.2006 in Appeal (Civil) 3595-3612 of 1999, State of Karnataka Versus Uma Devi & ors.
11. In the present case, the grievance of the applicants is that they are working as Casual Worker since long, their case ought to have been considered for 8 regularization of services. Although they made several representations before the authority however, no response and their all efforts have gone in vain.
12. In view of the above circumstances, without going into the merits of the case and for the interest of justice, I direct the respondents, more particularly the Respondent No.4, to dispose of the representations dated 23.3.2018 made by the applicants within a period of 4 months from the date of receipt of copy of this order by giving adequate opportunity of being heard of the applicant. It is made clear that the decision so arrived at by the authority reasoned and speaking and the same shall be communicated to the applicant forthwith.
13. With the above observations and directions, O.A. stands disposed of accordingly. No order as to costs.
(MANJULA DAS) JUDICIAL MEMBER lm 9 O R D E R (ORAL) MANJULA DAS, JUDICIAL MEMBER:
Being aggrieved, the applicant approached before this Tribunal under Section 19 of the Administrative Tribunal Act, 1985 with the following reliefs:10
"8.(1) The letter, dated 20.01.2017 issued by the Asst. Comptroller & Auditor General (N) to the All Heads of Department of IA & AD (Located in North East) may be quashed.
8. (II) Directing the Respondents to frame a Scheme for regularization of the service of the Applicants in the post of MTS & till such regular ization not to disengage the service of the Applicants.
(III) The Respondents may be restrained from outsourcing of the service rendered by the Applicants by disengaging the Applicants."
2. On 10.10.2017, Mr.P.Maishan, learned counsel appeared on behalf of the applicants moved before this Tribunal where, this Tribunal admitted the matter and issued notice to the respondents. Mr.S.K.Ghosh, learned Addl.C.G.S.C. took notice on behalf of all the respondents.
3. Further this Tribunal passed an order as here under:-
"Copy of the petition was served on Mr.S.K.,Ghosh, learned Addl.C.G.S.C.in the Court. Heard Mr.Ghosh.
In view of the orders of the Hon'ble High Court of Tripura extending the order of status quo, the 11 respondents are directed to maintain status quo as on today. Respondents are at liberty to file application seeking alteration, vacation or modification of the status quo order as on today"
4. Thereafter, the matter was listed on 22.11.2017; however, no reply has been filed by the Respondents. Thereafter, the matter was again listed on several occasions i.e on 18.01.2018; 5.3.2018; on 11.4.2018, the respondents did not file their reply.
5. On 23.5.2018, the respondent Nos.2 to 5 filed their reply and on the same date, the learned counsel for the applicants two weeks time was granted to file rejoinder. The matter was listed on 12.7.2018. However, the learned counsel for the applicants is not present. Further 4 weeks time was allowed to the applicants to file their rejoinder. The matter again listed on 14.8.2018, the rejoinder was not filed.
6. To-day, when the matter is called up, neither the counsel for the applicants nor the counsel for the respondents are present.
7. From the pleadings of the applicants, it appears that they are serving as a Casual Workers since long. Some of them from 1998, 2004, 2006, 2008, 2011, 2012 respectively. According to the applicants they are discharging their duties and responsibilities of Multi Tasking Staff (MTS) since long.
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8. The applicants approached the respondents authority on several times with a request to regularise their services for the post of MTS. According to the applicants, their cases are still not resolved. Hence, this present Original Application.
9. From the written statement filed by the respondents in para-7, it reveals that there is no Scheme formulated by the office of the Comptroller and Auditor General of India for regularization of Casual Workers in the office of the respondents authority.
10. Vide written statement, the respondents authority stated that the applicants were engaged without observing any legal formalities and procedure which are necessary for appointment of the regular employees. Hence, the applicants are not entitled to get any relief as prayed for, in view of the decision of Hon'ble Apex Court dated 10.4.2006 in Appeal (Civil) 3595-3612 of 1999, State of Karnataka Versus Uma Devi & ors.
11. In the present case, the applicant grievance is that despite they are working as Casual Worker since long, their case ought to have been considered for regularization, they approached several times before the authority by making several representations. However, the same was also not considered.
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12. In view of the above circumstances, without going into the merits of the case and for the interest of justice, I direct the respondents, more particularly the Respondent No.4, to dispose of the representations dated 23.3.2018 made by the applicants within a period of 4 months from the date of receipt of copy of this order by giving adequate opportunity of being heard of the applicant. It is made clear that the decision shall be so arrived at by the authority reasoned and speaking and the same be communicated to the applicant forthwith.
13. With the above observations and directions, O.A. stands disposed of accordingly. No order as to costs.
(MANJULA DAS) JUDICIAL MEMBER LM