Central Administrative Tribunal - Chandigarh
Man Singh vs M/O Defence on 12 March, 2025
1 (MA No. 952 of 2019 in
OA No. 1129/2017)
CENTRAL ADMINISTRATIVE TRIBUNAL
CHANDIGARH BENCH
Reserved on: 12.02.2025
Pronounced on: 12.03.2025
HON'BLE SH. RAMESH SINGH THAKUR MEMBER (J)
HON'BLE MRS. RASHMI SAXENA SAHNI, MEMBER (A)
(I) MA No. 952/2019 in
OA No. 1129/2017
1. Munni Lal S/O Sh. Dev Raj, Casual Labourer, Aged 45 years,
Group D, Military Farm Ambala Cantt.
2. Ravinder S/O Sh. Sukh Ram, Casual Labourers aged about 46
years, Group D, Military Farm Ambala Cantt.
3. Ravinder S/O Sh. Shiv Karan, Casual Labourers aged about 45
years, Group D, Military Farm Ambala Cantt.
4. Brijbir S/o Sh. Sukhbir Singh, Casual Labourers aged about 44
years, Group D, Military Farm Ambala Cantt.
5. Ram Milan Yadav S/o Sh. Karpat Yadav, Casual Labourers aged
about 47 years, Group D, Military Farm Ambala Cantt.
6. Dinesh S/o Pitamber, Casual Labourers, Group D, Military Farm
Ambala Cantt.
7. Ashok Kumar S/o Sh. Doath Nath, Casual Labourers aged about
45 years, Group D, Military Farm Ambala Cantt.
8. Om Parkash S/o Sh. Lotan, Casual Labourers, Military Farm
Ambala Cantt.
9. Radhay Shyam S/o Sh. Kunju, Casual Labourers, Military Farm
Ambala Cantt.
10. Nand Lal S/o Sh. Shoby Nath, Casual Labourers, Military Farm,
Ambala Cantt.
11. Anil S/o Sh. Kamal Chand, Casual Labourers, Military Farm,
Ambala Cantt.
12. Hari Chand S/o Sh. Abhiraj, Casual Labourers aged about 47
years, Group D, Military Farm Ambala Cantt.
13. Ajay Kumar S/o Sh. Mohan Lal, Casual Labourers aged about
45 years, Group D, Military Farm Ambala Cantt.
14. Hari Prasad S/o Sh. Jhanki Ram, Casual Labourers aged about
44 years, Group D, Military Farm Ambala Cantt.
15. Anil S/o Gurdeep, Casual Labourers aged about 46 years,
Group D, Military Farm Ambala Cantt.
16. Raju S/o Ram Chander Sodhi, Casual Labourers aged about 44
years, Group D, Military Farm Ambala Cantt.
2 (MA No. 952 of 2019 in
OA No. 1129/2017)
17. Suraj Prakash S/o Ram Chander, Casual Labourers aged about
46 years, Group D, Military Farm Ambala Cantt.
.........Applicants
(By Advocate : Sh. Rohit Seth)
(II) MA No. 359/2021 in
OA No. 1057/2018
1. Arjun S/o Sh. Ram Sumer, aged 31 years, (UID No. 4510-
2743-0030)
2. Manoj Kumar S/o Late Sh. Nand Lal, aged 35 years,
(UID No. 4510-5325-1612) both R/o Grass Farm, Military
Farm, Ambala Cantt, Group-D, Military Farm, Ambala Cantt-
133001.
.............Applicants
(By Advocate : Sh. Anmol Verma)
(III) MA No. 64/2020 in
OA No. 1264/2017
1. Ram Nath S/o Sh. Chotey Lal, Casual Labourer, aged 50 years
(UID No. 4113-6746-9019
2. Ram Sumer S/o Sh. Mangroo, Casual Labourer, aged 47
years (UID No. 9872-5226-6681)
3. Ram Tirath S/o Sh. Bachhu Lal, Casual Labourer, aged 48
years, (UID No. 5428-9992-3266), all R/o Grass Farm,
MilitaryFarm, Ambala Cantt, Group-D, Military Farm, Ambala
Cantt-133001.
.................Applicants
(By Advocate : Sh. Anmol Verma)
(IV) MA No. 1931/2019 in
OA No. 1524/2017
1. Om Parkash S/o Sh. Bhabhuti Das, Age 33 years, Casual
Labourer, Military farm Ambala (Haryana).
2. Jitender Kumar S/o Sh. Ram Chander, Age 45 years, Casual
Labourer, Military farm Ambala (Haryana).
3. Shatrughan S/o Sh. Dal Shingar, Age 38 years, Casual
Labourer, Military farm Ambala (Haryana).
4. Mukesh S/o Sh. Duklhi Ram, Age 35 years, Casual Labourer,
Military farm Ambala (Haryana).
5. Mukesh S/o Sh. Jai Kishan, Age 36 years, Casual Labourer,
Military farm Ambala (Haryana).
3 (MA No. 952 of 2019 in
OA No. 1129/2017)
6. Raj Kumar S/o Sh. Ghisawan, Age 38 years, Casual Labourer,
Military farm Ambala (Haryana).
7. Smt. Rekha W/o Sh. Mukesh Kumar, Age 45 years, Casual
Labourer, Military farm Ambala (Haryana).
8. Ajay S/o Sh. Jai Kishan, Age 31 years, Casual Labourer, Military
farm Ambala (Haryana).
9. Karam Chand S/o Sh. Tilak Raj, Age 31 years, Casual Labourer,
Military farm Ambala (Haryana).
10. Amit Kumar S/o Sh. Bhajan lal, Age 30 years, Casual Labourer,
Military farm Ambala (Haryana).
11. Dinesh Kumar Sharma S/o Sh. Bhagwat Sawrup, Age 48 years,
Casual Labourer, Military farm Ambala (Haryana).
12. Anand Kumar S/o Sh. Phool Chand, Age 37 years, Casual
Labourer, Military farm Ambala (Haryana).
13. Vikas S/o Kamal Chand, Age 32 years, Casual Labourer, Military
farm Ambala (Haryana).
14. Vikas Yadav S/O Hari bhajan, Age 30 years, Casual Labourer,
Military farm Ambala (Haryana).
(All Group D).
...................Applicants
(By Advocate : Sh. Rohit Seth)
(V) MA No. 82/2020 in
OA No. 821/2018
Shiv Kumar S/o Sh. Dudh Nath, Aged 39 years, R/o Vill. Masana,
P.O. Dhudhla Distt. Kurukshetra-136119 Group D.
...............Applicant
(By Advocate : Sh. Rohit Seth)
(VI) MA No. 1933/2019 in
OA No. 1204/2017
1. Jagdev s/o Sh.Badri Prashad, Casual Labourer, Aged 48
years, Group D, Military Farms Ambala Cantt.
2. Sahadur S/o Sh.Dilraj Yadav,Casual Labourers aged about
43 years, Group D, Military Farms Ambala Cantt.
3. Subedar s/o Sh. Inderjeet, Casual Labourers aged about
51years, Group D, Military Farms Arnbala Cantt.
4. Ram Bhawan S/o Sh.Mangloo,Casual Labourers aged about
43 years, Group D, Military Farms Ambala Cantt.
5. Jiya Lal S/o Sh. Nirmal Yadav, Casual Labourers aged about
43years, Group D, Military Farms Ambala Cantt.
4 (MA No. 952 of 2019 in
OA No. 1129/2017)
6. Ram Ashish s/o Sh. Dasrath, Casual Labourers aged about
47 years, Group D, Military Farms Ambala Cantt.
..................Applicants
(By Advocate : Sh. Rohit Seth)
(VII) MA No. 954/2019 in
OA No. 1222/2017
1. Sh. Ram Charan S/o Sh. Muneshwar, C/O Sh. Santosh
Contractor, Military farm Dhantauri, Kurukshetra (Haryana).
2. Mam Chand S/o Sh. Ruldu Ram, C/O Sh. Santosh Contractor,
Military farm Dhantauri, Kurukshetra (Haryana).
3. Ramesh Kumar S/o Sh. Lalta Ram, C/O Sh. Santosh Contractor,
Military farm Dhantauri, Kurukshetra (Haryana).
4. Raj Pal S/o Sh. Puran Chand, C/O Sh. Santosh Contractor,
Military farm Dhantauri, Kurukshetra (Haryana).
5. Surinder Singh S/o Sh. Baljit Singh, C/O Sh. Santosh
Contractor, Military farm Dhantauri, Kurukshetra (Haryana).
6. Brij lal S/o Sh. Sital Prashad, C/O Sh. Santosh Contractor,
Military farm Dhantauri, Kurukshetra (Haryana).
7. Ram Sajiwan S/o Sh. Ram Dalal, C/O Sh. Santosh Contractor,
Military farm Dhantauri, Kurukshetra (Haryana).
8. Sadhu Ram S/o Sh. Sitla Prashad, C/O Sh. Santosh Contractor,
Military farm Dhantauri, Kurukshetra (Haryana).
9. Rai Singh S/o Sh. Bachana Ram, C/O Sh. Santosh Contractor,
Military farm Dhantauri, Kurukshetra (Haryana).
10. Tarsem Lal S/o Sh. Mohan Lal, C/O Sh. Santosh Contractor,
Military farm Dhantauri, Kurukshetra (Haryana).
11. Virender Kumar S/o Sh. Audho, C/O Sh. Santosh Contractor,
Military farm Dhantauri, Kurukshetra (Haryana).
12. Sohan Pal S/o Sh. Mam Raj, C/O Sh. Santosh Contractor,
Military farm Dhantauri, Kurukshetra (Haryana).
13. Karam Singh S/o Sh. Chandu Ram, C/O Sh. Santosh
Contractor, Military farm Dhantauri, Kurukshetra (Haryana).
14. Raj Bir S/o Sh. Kuka Ram, C/O Sh. Santosh Contractor, Military
farm Dhantauri, Kurukshetra (Haryana).
................Applicants
(By Advocate : Sh. Rohit Seth)
(VIII) MA No. 1927/2019 in
OA No. 865/2018
Raj Kumar S/o Sh. Ram Lal, Age 39 years, C/o Military
Farm, Ambala Cantt. 133001.
5 (MA No. 952 of 2019 in
OA No. 1129/2017)
..................Applicant
(By Advocate : Sh. Rohit Seth)
(IX) MA No. 1926/2019 in
OA No. 1335/2017
1. Balishter S/o Sh. Lajja Ram, Age 43 years, Casual Labourer,
Military farm Ambala (Haryana).
2. Jitender Yadav S/o Sh. Deep Chand, Age 32 years, Casual
Labourer, Military farm Ambala (Haryana).
3. Surjit Kumar S/o Sh. Krishan Lal, Age 33 years, Casual
Labourer, Military farm Ambala (Haryana).
4. Vijay S/o Sh. Pujan, Age 33 years, Casual Labourer, Military
farm Ambala (Haryana).
5. Jugnu @ Sunny S/o Sh. Krishan Lal, Age 39 years, Casual
Labourer, Military farm Ambala (Haryana).
6. Ashok Yadav S/o Sh. Subash Yadav, Age 38 years, Casual
Labourer, Military farm Ambala (Haryana).
7. Heera Lal Yadav S/o Sh. Kewal, Age 35 years, Casual Labourer,
Military farm Ambala (Haryana).
8. Sumit S/o Sh. Om Pal, Age 32 years, Casual Labourer, Military
farm Ambala (Haryana).
9. Sanjeev S/o Sh. Baldev Kumar, Age 38 years, Casual Labourer,
Military farm Ambala (Haryana).
10. Mukesh Kumar S/o Sh. Nakshed, Age 34 years, Casual
Labourer, Military farm Ambala (Haryana).
11. Deepak S/o Sh. Dewki Nadeen, Age 38 years, Casual Labourer,
Military farm Ambala (Haryana).
12. Dinesh S/o Sh. Ram Lal, Age 35 years, Casual Labourer,
Military farm Ambala (Haryana).
13. Bhrat S/o Sh. Dal Shingar, Age 40 years, Casual Labourer,
Military farm Ambala (Haryana).
14. Ramesh K. Giri S/o Sh. Ram K. Giri, Age 39 years, Casual
Labourer, Military farm Ambala (Haryana).
15. Ashok S/o Sh. Sat Narayan, Age 32 years, Casual Labourer,
Military farm Ambala (Haryana).
16. Vijay S/o Sh. Dwarka, Age 37 years, Casual Labourer, Military
farm Ambala (Haryana).
17. Harinder S/o Sh. Deep Chand, Age 39 years, Casual Labourer,
Military farm Ambala (Haryana).
18. Ram Narayan S/o Sh. Kesho Ram, Age 41 years, Casual
Labourer, Military farm Ambala (Haryana).
19. Saravjeet S/o Sh. Ram Asry, Age 39 years, Casual Labourer,
Military farm Ambala (Haryana).
6 (MA No. 952 of 2019 in
OA No. 1129/2017)
20. Sh. Amit S/o Sh. Krishan Lal, Age 32 years, Casual Labourer,
Military farm Ambala (Haryana).
21. Ravinder S/o Sh. Janeshwar Singh, Age 34 years, Casual
Labourer, Military farm Ambala (Haryana)..
........................Applicants
(By Advocate : Sh. Rohit Seth)
(X) MA No. 958/2019 in
OA No. 1218/2017
1. Shankar S/o Shri Chander Bali, age 41 years, working as
Daily wage workers (Casual Workmen) of Military Farm
Jalandhar Cantt. Group-D
2. Pardesi Mahto S/o Shri Guna Mahto, working as Daily wage
workers (Casual Workmen) of Military Farm Jalandhar Cantt.
Group-D
3. Tulsi S/o Shri Mohan, working as Daily wage workers (Casual
Workmen) of Military Farm Jalandhar Cantt. Group-D
4. Nanhe S/o Shri Munishwar, working as Daily wage workers
(Casual Workmen) of Military Farm Jalandhar Cantt. Group-D
5. Gopal Thakur S/o Shri Jhodey Thakur, working as Daily wage
workers (Casual Workmen) of Military Farm Jalandhar Cantt.
Group-D
6. Hirdey Ram S/o Shri Ram Naresh, working as Daily wage
workers (Casual Workmen) of Military Farm Jalandhar Cantt.
Group-D
7. Ram Bharat S/o Shri Ram Niwas, working as Daily wage
workers (Casual Workmen) of Military Farm Jalandhar Cantt.
Group-D
8. Mahesh Kumar S/o Shri Ram Dass, working as Daily wage
workers (Casual Workmen) of Military Farm Jalandhar Cantt.
Group-D
9. Hari Ram S/o Shri Raman Shah, working as Daily wage
workers (Casual Workmen) of Military Farm Jalandhar Cantt.
Group-D
10. Ravi Kumar S/o Hari Ram, working as Daily wage workers
(Casual Workmen) of Military Farm Jalandhar Cantt. Group-D
11. Ram Kewal S/o Shri Sham Lal, working as Daily wage
workers (Casual Workmen) of Military Farm Jalandhar Cantt.
Group-D
12. YogeshMaheto S/o Shri Meghnath, working as Daily wage
workers (Casual Workmen) of Military Farm Jalandhar Cantt.
Group-D
13. Sita Ram S/o Jagdish, working as Daily wage workers
(Casual Workmen) of Military Farm Jalandhar Cantt. Group-D
7 (MA No. 952 of 2019 in
OA No. 1129/2017)
14. Guddu S/o Shri Ramhit, working as Daily wage workers
(Casual Workmen) of Military Farm Jalandhar Cantt.
Group-D.
.......................Applicants
(By Advocate : Sh. Rohit Seth)
(XI) MA No. 1924/2019 in
OA No. 1205/2017
1. Ashok Yadav S/o Sh. Munai, Aged 45 Years, R/o H. No.
30/29, Babu Line, Military Farms, Ambala Cantt.133001.
2. Om Parkash S/o Sh. Budhi Ram, Aged 42 Years, R/o H. No.
30/30, Babu Line, Military Farms, Ambala Cantt.133001
3. Laxman S/o Sh. Mangloo, Aged 46 Years, R/o H. No. 71/71,
Grass Farm Line, Military Dairy Farms, Ambala Cantt.133001
4. Nand Lal S/o Sh. Ram Lakhan, Aged 47 Years, R/o H. No.
71/10, Grass Farm Line, Military Dairy Farms, Ambala
Cantt.133001
5. Suresh Chand S/o Sh. Mata Parshad, Aged 51 Years, R/o H.
No. 19, R.K. Puram, Jandli, Ambala City 133001.
6. Raj Kumar S/o Sh. Ram Singh, Aged 48 Years, R/o H. No.
30/26, Babu Line, Military Dairy Farms, Ambala
Cantt.133001
7. Puran S/o Sh. Mohinder, Aged 47 Years, R/o H. No. 30/28
(30 Quarters), Military Dairy Farms, Ambala Cantt.133001
8. Jaibir Singh S/o Sh. Bhanwar Singh, Aged 55 Years, R/o H.
No. 30/24, Babu Line, Military Dairy Farms, Ambala
Cantt.133001
9. Vishnu S/o Sh. Surjeet Singh, Aged 49 Years, R/o H. No.
24/12 (30 Quarters), Military Dairy Farms, Ambala
Cantt.133001
10. Mangroo S/o Sh. Hiravan, Aged 45 Years, R/o H. No. 24/12
Gawala Line, Military Dairy Farms, Ambala Cantt.133001
11. Nagender S/o Sh. Ram Chander, Aged 51 Years, R/o H. No.
71/7, Grass Farm Line, Military Dairy Farms, Ambala
Cantt.133001
12. Ashok Kumar S/o Sh. Sukhai Ram, Aged 45 Years, R/o H.
No. 71/11, Grass Farm Line, Military Dairy Farms, Ambala
Cantt.133001
13. Laxman Kumar S/o Sh. Ram Pal, Aged 48 Years, R/o H. No.
30/15 (30 Quarters), Military Dairy Farms, Ambala
Cantt.133001
14. Rajinder S/o Sh. Kewal, Aged 47 Years, R/o H. No. 71/37,
Grass Farm Line, Military Dairy Farms, Ambala
Cantt.133001.
8 (MA No. 952 of 2019 in
OA No. 1129/2017)
15. Poonam W/o Sh. Som Dutt, Aged 52 Years, R/o H. No.
30/15 (30 Quarters), Military Dairy Farms, Ambala
Cantt.133001.
16. Bhagwan Dass S/o Sh. Kalu Ram, Aged 57 Years, R/o VPO
Baldev Nagar, Ambla City 133001.
17. Kawal Dhari S/o Sh. Kumar Yadav, Aged 58 Years, R/o H.
No. 02, Grass Farm Line, Military Dairy Farms, Ambala
Cantt.133001
18. Sanjeev S/o Sh. Om Pal, Aged 45 Years, R/o H. No. 30/22,
Babu Line, Military Dairy Farms, Ambala Cantt.133001
19. Ram Parvesh S/o Sh. Ram Yadav, Aged 47 Years, R/o H.
No. 71/69, Grass Farm Line, Military Dairy Farms, Ambala
Cantt.133001
20. Anil Kumar S/o Sh. Parkash Chand, Aged 48 Years, R/o H.
No. 06, Grass Farm Line, Military Dairy Farms, Ambala
Cantt.133001
21. Shailender S/o Sh. Parkash Chand, Aged 47 Years, R/o H.
No. 06, Grass Farm Line, Military Dairy Farms, Ambala
Cantt.133001
22. Uma Pati S/o Sh. Vasudev, Aged 45 Years, R/o H. No. 25,
R.K. Puram, Jandli, Ambala City 133001.
23. Lal Bihari S/o Sh. Jhinkoo Yadav, Aged 47 Years, R/o H. No.
24/12 Gawala Line, Military Dairy Farms, Ambala
Cantt.133001
24. Yash Pal S/o Sh. Sigh Ram, Aged 47 Years, R/o H. No.
30/21, Babu Line, Military Dairy Farms, Ambala
Cantt.133001.
25. Baij Nath S/o Sh. Roop Chand, Aged 48 Years, R/o Gawala
Mandi, Ambala 133001
...............Applicants
(By Advocate : Sh. Rohit Seth)
(XII) MA No. 1929/2019 in
OA No. 1219/2017
1. Raj Kumar Son of Gorkha, aged 43 years, Daily wage workers
(Casual Workmen) of Military Farm Ferozepur Cantt.
2. Ram Karan Son of Shri Putti Lal, Daily wage workers (Casual
Workmen) of Military Farm Ferozepur Cantt.
3. Mahesh Son of Shri Ramesh, Daily wage workers (Casual
Workmen) of Military Farm Ferozepur Cantt.
4. Ram Bahadur S/O rangi Ram, Daily wage workers (Casual
Workmen) of Military Farm Ferozepur Cantt.
9 (MA No. 952 of 2019 in
OA No. 1129/2017)
5. Brij Mohan Son of Shri Guru Parshad, Daily wage workers
(Casual Workmen) of Military Farm Ferozepur Cantt.
.....................Applicants
(By Advocate : Sh. Rohit Seth)
(XIII) MA No. 956/2019 in
OA No. 1115/2018
1. Man Singh S/o Rati Ram Age 50 years, Working as Casual
Labourer,Military Farm, Bir Dhantauri, Kurukshetra Haryana
136118.
2. Joginder S/o Bhartoo Ram, Age 54 years, Working as Casual
Labourer, Military Farm, Bir Dhantauri, Kurukshetra Haryana
136118
3. KashmiriLal S/o ChuruRam, Age 46 years, Workingas Casual
Labourer, Military Farm, Bir Dhantauri, Kurukshetra Haryana
136118
4. Satpal S/o Sh. Budh Ram, Age 47 years, Working as Casual
Labourer, Military Farm, Bir Dhantauri, Kurukshetra Haryana
136118.
.................Applicants
(By Advocate : Sh. Rohit Seth)
(XIV) MA No. 95/2020 in
OA No. 28/2017
1. Ram Bilas S/o Sh. Sant Ram, Casual Labourer, aged 48
years, R/o Sena Nagar, Dhulkot, Markanda Complex,
Ambala City-134003.
2. Rajinder Kumar S/o Sh. Ram Bahadur, Casual Labourer,
aged 46 years, C/o Dal Chand, R/o H. No. 33, Gwal Mandi,
Rambagh Road, Ambala Cantt, Group-D, Military Farm,
Ambala Cantt-133001.
...................Applicants
(By Advocate : Sh. Anmol Verma)
(XV) MA No. 65/2020 in
OA No. 760/2018
Sher Singh S/o Sh. Sarup Singh, aged 49 years, R/o H. No.
142, New Shakti Nagar, Near Mata Ka Mandir, Moti Nagar,
Ambala City, Casual Labourer at Military Farm, Ambala
Cantt, Group-D. Pin-134003.
...............Applicant
10 (MA No. 952 of 2019 in
OA No. 1129/2017)
(By Advocate : Sh. Anmol Verma)
(XVI) MA No. 2088/2019 in
OA No. 1573/2018
1. Sunil Kumar son of Paras Ram age 48 years resident of H.
No. 189, Mohalla Kabir Nagar, Ward No. 6, PO Sujanpur,
Tehsil and District Pathankot-145001 working as Casual
Labourer at Military Farm, Pathankot, Group-D.
2. Surjit Kumar son of Lajpat age 50 years resident of Village
Shahpur.PO Dina Nagar, Tehsil and District Gurdaspur,
Pincode - 143531 working as Casual Labourer at Military
Farm, Pathankot, Group D.
3. Kuldeep Raj son of Piyara Lal age 48 years resident of
Village Dera Baba Basant Puri, PO Sarna, Tehsil and District
Pathankot 145001 wirjubg as Casual Labourer at Military
Farm, Pathankot, Group D.
..................Applicants
(By Advocate : Sh. Amrit Paul Proxy counsel for Sh. Munish
Puri)
(XVII) MA No. 111/2020 in
OA No. 1472/2018
Ravi S/o Sh. Laxman, C/o B.R. Prabhakar, aged 53 years,
R/o H. No. 63-C, Kailash Nagar, Model Town, Ambala City
(Haryana)-134003, Casual Labourer at Military Farm,
Ambala Cantt, Group D.
................Applicant
(By Advocate : Sh. Anmol Verma)
Versus
1. Union of India through the Secretary to Government of India,
Ministry of Defence, South Block, New Delhi.
2. Quarter Master General (QGM), Sena Bhawan, Integrated HQ
OF MOD (Army) West Block-III, R.K Puram, New Delhi-110066
3. Deputy Directorate General of Military Farms, QMG's Branch,
Army Head Quarters, Integrated HQ OF MOD (Army) West
Block-III, R.K Puram, New Delhi-110066.
4. The Director, Military Farms, HQ Western Command,
Chandimandir 134107.
5. The Officer Incharge, Military Farms, Ambala Cantt.
11 (MA No. 952 of 2019 in
OA No. 1129/2017)
...Respondents
(By Advocate : Sh. Sanjay Goyal, Sr. CGSC in all MAs except
MA No. 1927/2019 titled Raj Kumar Vs. M/o Defence
Sh. K.K. Thakur, Advocate for respondents in MA No.
1927/2019)
ORDER
Per: SH. RAMESH SINGH THAKUR MEMBER (J):
1. All these 17 MAs are being decided by a common order as the identical question of law is concerned as well as the order to be executed is common. For the sake of convenience, the facts from 952/2019 in OA No. 1129/2017 are being extracted here.
2. The present Miscellaneous Application has been filed under Section 27 of the Administrative Tribunals Act, 1985 for execution of the order dated 18.02.2019 passed by this Tribunal in OA No. 060/1129/2017.
3. The applicants filed Original Application against Order dated 20.07.2017 and Order dated 28.07.2017 vide which the Military Farms including the Farm in which the applicants have been working at Ambala from past 25 to 27 years have been ordered to be closed, without providing any safe guard for the temporary/casual employees like applicants and 12 (MA No. 952 of 2019 in OA No. 1129/2017) seeking relief for grant of regularisation against 379 vacancies sanctioned for erstwhile Group „D‟ for regularization of Casual Labourers all over the Military Farms vide letter dated 16.01.2015 to the extent the vacancies fall to the share of Director Military Farm, Western Command.
4. This Tribunal allowed the OA vide order dated 18.02.2019 (Annexure MA-1) with the following directions:
"7.Sh. R.K. Sharma and Sh. Rohit Seth, counsel for the applicants drew our attention to decisions in the case of Pawan Kumar vs. UOI Etc. O.A. No.1626/HR/2013 decided on 3.2.2016, whereby this Court directed the respondents to consider his claim by recording findings in paras 14 and 15, which reads as follows:
"14. We have given our careful consideration to the matter. From the material on record, it is seen that the applicant has fought a long battle claiming regularization of his service and although there were decisions in many OAs with pointed directions to the respondents to afford favourable consideration for regularization to the applicants in these OAs who were working with the respondent department before and after the Scheme of1993 was notified and in the case of the retrenched workers but the applicant did not succeed. His name has for a long time been at Sr. No. 1 of the Seniority List of casual labour employed at the Military Farms of the Ministry of Defence. As per the letter of retrenchment issued to the applicant, a commitment was indeed made by the officer in charge, Military Farm, Ambala Cantt that the applicant could be considered for re-engagement as per his 13 (MA No. 952 of 2019 in OA No. 1129/2017) seniority as and when regular vacancy occurred and he could take up job basis work to the extent available. The applicant continued to work with the respondent department till 2006 on job basis and undisputedly had been working through the contractor thereafter till date. The contract in this case can only be considered to be a fiction and it has to be accepted that effectively the employer of the applicant was the respondent department. Persons in the same situation as the applicant have been regularized from time to time, but in the case of the applicant, the respondents have taken the ground in order dated 22.5.2015(Annexure A-
33) that his services cannot be regularized on account of not having been sponsored by the Employment Exchange in 1988; not having been granted temporary status under the 1993 Scheme and not being a matriculate. So far as the issue of not being eligible for regularization on account of not having been sponsored by the Employment Exchange, this is nullified by the order dated 11.3.1993 passed by the Tribunal in OA No. 775/HR/1998 and some other OAs.
Regarding grant of temporary status, it is observed that the applicant was eligible for grant of temporary status as per the 1993 Scheme at the time when the Scheme was notified and had he continued in employment, he would certainly have been granted temporary status and regularized as and when regular vacancy was available since vacancies continue to arise in all Group D cadres on account of natural wastage as well as creation of posts. Moreover, the applicant in the OA has referred to several cases where persons similarly situated to the applicant have been regularized although they had not achieved temporary status and nor were they matriculates. These references have not been rebutted in the written statement filed on behalf of the respondents. Even regarding the issue of being matriculate, we observe that very large number of casual labourers have been regularized in the service of the Central Government in different departments ever since 14 (MA No. 952 of 2019 in OA No. 1129/2017) the 1993 Scheme was notified who did not possess the 21 qualification of matriculation. The applicant has been working as Farm Hand since 1988 even without the qualification of matriculation. The requirement that a Group C employee must be a matriculate, has come into force only after the recommendation of the 6th CPC and became applicable to recruitment in Group D posts that had been upgraded to Group C. These instructions can only have prospective effect and cannot apply to the claims for regularization such as those of applicant that are pending for consideration for more than 1-1/2 decades. Moreover, DOPTs OM dated 23.1.2012 (Annexure A25) addresses the issue of persons of Group D category who are to be upgraded as Group C and do not have the qualification of matriculation. Even on humanitarian grounds, a person who has laboured with the respondent department for 27 years and who was No. 1 on the Seniority List of casual labourer for over twenty years could have been considered for regularization against posts that had been sanctioned to the Western Command in 2010 and 64 such posts were also sanctioned in January, 2015. More such posts would inevitably continue to be available due to natural wastage.
15. Keeping in view the discussion above, this OA is allowed. The order dated 22.5.2015 is quashed and the respondents are directed to consider regularization of services of the applicant against available Group D post (re- designated as Group C) keeping in view his seniority in the list of CLTS, without reference to the aspects of sponsorship by Employment Exchange, educational qualification of the applicant and appointment in 1988 not having been made against regular post. Such consideration may be completed within three months of a certified copy of this order being received by the respondents. No costs." 15 (MA No. 952 of 2019 in
OA No. 1129/2017)
5. The learned counsel for the applicant in MA referred to Harinder Yadav vs. UOI Etc. O.A. No.60/568/2015 decided on 26.11.2017, whereby the OA was disposed of by directing the respondents to consider claim of the applicant therein in accordance with law. That decision was also challenged by UOI in CWP No.5569/2018 which was dismissed as withdrawn on 17.04.2018.
6. Based upon above noted judgments, a plea has been raised by learned counsel for the applicants that since a direction has been given in the case of Pawan Kumar (supra) further followed in the case of Harvinder Yadav (supra), then let the cases of the applicants herein be also considered on the same lines. They have also admitted that all the candidates cannot be adjusted because they are large in number and there are only 64 vacancies, therefore, their cases be considered in terms of their respective seniority by a Committee to be constituted by the department and they be directed not to raise plea of over-age and experience and that of not working against sanctioned posts.
16 (MA No. 952 of 2019 in
OA No. 1129/2017)
7. It was further submitted in the Original Application that it will be in the interest of justice and equity to direct the respondents, as requested above, to consider the claim of the eligible persons in terms of seniority list (Annexure R-4) and any other subsequent seniority list against 64 sanctioned posts in terms of letter dated 16.1.2015 (Annexure A-7) for regularization of their services and if they are found eligible in terms of the policy, then order for regularization be passed otherwise a reasoned and speaking order be communicated to them. This will not lead to summarily rejection of the cases of the applicants by the respondents as has been done by them in the cases relied upon by the applicants earlier before of passing order by this Court. Since applicants are poor persons working in Military Farms since 1988 onwards, therefore, respondents will not non-suit them on flimsy grounds because they have to adjust 64 candidates only and for rest of them as has already been submitted, that they will take appropriate course of law against closure of Military Farms.
8. The respondents constituted Committee for implementation of order passed by this Hon‟ble Tribunal 17 (MA No. 952 of 2019 in OA No. 1129/2017) vide order dated 10.04.2019 (Annexure MA-3) after a period of more than 43 days though it was to be done within 3 weeks from the date of receipt of certified copy of the order passed by this Hon‟ble Tribunal which are delivered to parties on 25.02.2019 itself vide dispatch section of the Tribunal. Thereafter no final decision has come about to the knowledge and information of applicants. despite the lapse of sufficient period of time, the respondents have not complied with the order passed by this Hon‟ble Tribunal in its letter and spirit.
9. The respondents have filed their objections to the Execution Application No. 952 of 2019 wherein it was stated that the order dated 18.02.2019 passed by this Tribunal was honoured and HQ Western Command constituted a Committee vide its order dated 18.03.2019 to consider the claim of eligible persons in terms of seniority list against 64 sanctioned posts in terms of Deputy Director General, Military Farms, Integrated Headquarters of Ministry of Defence (Army) letter dated 16.01.2015 for regularization of their services. The Committee has gone into the depth on the claim of eligible persons for regularization of their services. Keeping in view the various aspects such as 18 (MA No. 952 of 2019 in OA No. 1129/2017) closure of Military Farms Department, withdrawal of vacancies released on 16.01.2015, not engaged against duly sanctioned posts, not sponsored through Employment Exchange, not fulfilling requisite education qualification, not holding status of CLTS, not working for 10 years and more as on 10.04.2006 and various court judgements etc. the Committee concluded that the claim of applicants cannot be acceded to. Thus, based on conclusive findings of the Committee Report, a reasoned speaking order dated 21.06.2019 (Annexure RA-3) was passed by Competent Authority, as directed by this Tribunal in its order dated 18.02.2019 and in full compliance thereof, the same was communicated to the applicants.
10. On 23.10.2019, this Tribunal observed that the speaking order passed by the department is not in right perspective as number of quoted judgements have already been quashed. A second committee with new members by HQ Western Commander was convened to implement the order dated 18.02.2019 in its letter and spirit. This second Committee had gone into depth to have a fresh look into the claim of applicants for regularization of their services against 64 sanctioned 19 (MA No. 952 of 2019 in OA No. 1129/2017) posts in view of the decision in Pawan Kumar‟s case (supra).
11. On 14.02.2020, the Committee by considering all the facts and circumstances reached to the conclusion that the claim of applicants therein cannot be acceded to and their regularization was not recommended by it. The relevant portion of the report is reproduced as hereunder:-
"13. Therefore, in light of the above and after considering the eligibility of all the candidates, the observations of the Committee are as under:
All 39 Military Farms of Indian Army have been ordered for closure by the Govt. of India, Ministry of Defence, New Delhi vide letter dated 20.07.2017 as part of broader policy based on administrative and economic considerations."
Moreover, 62 vacancies out of 64 vacancies have now been cancelled consequent to the closure of Military Farms by the Govt. of India vide letter dated 24.09.2018. These 62 vacancies are specifically to be filled by regularizing eligible CL TS who have completed 10 years of regular services before 10.04.2006. Since, none of the applicants have been conferred upon the status of CS TS and do not meet the requirement of 10 years regular services 20 (MA No. 952 of 2019 in OA No. 1129/2017) before 10.04.2006, hence, they are not eligible for regularization.
12. It is further sated by the respondents that since the second committee considered only few applicants whose names appeared in the order, hence to comply with this Tribunal‟s order dated 18.02.2019 in letter and spirit, a Committee with new members was convened for the third time by HQ Western Command vide its order dated 24.02.2021 to consider the claim of all applicants. On 26.02.2021 (Annexure RA-5), the Committee by considering all the facts and circumstances reached to the conclusion that the claim of the applicants cannot be acceded to and their regularization cannot be recommended.
13. The respondents approached the Hon‟ble Punjab and Haryana High Court by filing a writ petition which was dismissed on 11.12.2024 being pre-mature with further directions to the Tribunal to decide the matter within two months from the date of the order.
14. In a rebuttal to the objections filed by the respondents, it has been stated that so far as plea of 21 (MA No. 952 of 2019 in OA No. 1129/2017) withdrawal of vacancies of Military Farms is concerned, it is submitted that the applicants had laid their hands on a communication reproduced herein under dated 10.08.2020 whereby respondents were processing the abolition of various posts in Military Farms while moving MA to seek to restrain them from doing so. It shows that the reliance on 24.09.2018 order to state that posts sanctioned vide order 16.01.2015 were surrendered is wrong. With regard to plea of applicants having not being appointed against the sanctioned posts it is submitted that the applicants continued in the service from 30 years to 15 years continuously under the respondents as farms Hands, looked after the cows and works undertaken by Military Farms and there was no regular recruitment ever and as such it would be deemed that they continued against the sanctioned posts more so this plea would be for those who have not been appointed through employment exchange or for those for whom the condition of being sponsored through employment exchange has not been waived by this Hon‟ble Tribunal, in various cases which attained finality. So, 22 (MA No. 952 of 2019 in OA No. 1129/2017) far as those applicants including of Military Farms Jalandhar, Ferozepur, Bir Dhantauri they were directly appointed through Employment Exchange while for some applicants who are from Military Farms Ambala, the condition of being sponsored through employment exchange stood waved by judicial verdict which attained finality i.e vide order dated 14.03.1997 (Annexure MA-4) in OA No.366- HR-1992, OA No.1344-HR-1992. Further order and direction dated 11.03.1999 (Annexure MA-5) were made in OA No. 738-HR-1998, OA No.775-HR-1998, OA No.817-HR-1998 wherein directions were to consider and regularize the applicants on availability of vacancies. Reference can also be made to the ratio of law settled by Hon‟ble Supreme Court with regard to plea of not working against the sanctioned posts as laid in Nihal Singh and Ors Vs. State of Punjab 2013 (4) SCT 469, Amarkath Rai Vs State of Bihar 2015 (2) SCT 441. The applicants are not invoking the reiteration of above law by Hon‟ble Supreme Court in subsequent dated 20.12.2024 in SLP(C) 5580 of 2024 tiled as Jaggo Vs Union of India and Others.
23 (MA No. 952 of 2019 in
OA No. 1129/2017)
15. It has further been stated by the applicant in his rebuttal to the objections that the date of 10.04.2006 has consistently been subject matter of consideration by Hon‟ble Supreme Court from time to time and Hon‟ble Court has specifically interpreted the cut-off date alleged by government from time to time and held that even if the employees have completed 10 years of service after 10.04.2006, he would be entitled for regularization. Reference is made to the interpretation given by Hon‟ble Supreme Court in Jaggo Vs Union of India and Others being SLP No. 5580 of 2024 dated 20.12.2024, Narendra Kumar Tiwari Vs State of Jharkhand being Civil Appeal No. 7423/7429 of 2018 decided on 01.08.2018 and many other judgments. So third interpretation cannot be arrived at on whims and fancies of respondents. In above judgments it has been specifically held that once the state does not desist from engaging or continuing appointees like applicants, they cannot after more than a decade of coming of judgment of Uma Devi plead that 10 years of service was not completed as on 10.04.2006.
24 (MA No. 952 of 2019 in
OA No. 1129/2017)
16. We have heard the learned counsels for the parties and have carefully gone through the pleadings and respective case law on record.
17. Notice in this Execution Application was issued on 31.05.2019 and the case was adjourned for 23.08.2019. On 23.08.2019, the respondents filed a Compliance Affidavit vide MA No.060/1347/2019 but the same was not as per the case law cited by the applicants in the OA. The learned counsel for the respondents sought time to seek instructions and the matter was adjourned to 23.10.2019. On 23.10.2019, the case was further adjourned to 06.11.2019 directing the respondents to explain as to why the relevant order had not been implemented keeping in view the judgements cited by the applicants in their OA. On 06.11.2019, Sh. Sanjay Goyal, Sr. CGSC, on instructions from Col. Praveen Gaur, Director M.F. informed that the impugned order was passed on the directions of a Committee constituted for the purpose. The respondents were directed to re-look into the matter in view of the decision in the case of Pawan Kumar (supra) and seek a fresh view and the case was adjourned to 07.01.2020. On that day, the learned Sr. 25 (MA No. 952 of 2019 in OA No. 1129/2017) CGSC presented a letter dated 02.01.2020 which reflected that the respondents have constituted a Committee of four members to reconsider the case of the applicants. Thereafter, the case was adjourned several times on different pretexts. Vide order dated 11.01.2023, the respondents were directed to file a supplementary affidavit qua the implementation of order dated 10.02.2019 passed by this Tribunal particularly paras 10 and 11 and also clarify the material before them while observing averments as indicated in para 10 of the paper book within a period of three weeks. On 06.10.2023, the respondents filed a Supplementary Affidavit by way of MA No. 2187/2023.
18. Vide our order dated 08.04.2024, it was observed that the recommendations made by the Committee is contrary to the order dated 18.02.2019 and the respondents were directed to be present with complete record and a responsible officer on the next date of hearing, i.e. 09.07.2024.
19. A detailed order dated 16.07.2024 was recorded by this Bench and the supplementary affidavit was perused but the Tribunal arrived at a conclusion that the relevant order has not been complied with in letter and spirit 26 (MA No. 952 of 2019 in OA No. 1129/2017) and the respondents were directed to file a further supplementary affidavit regarding compliance of order dated 11.01.2023. On 12.08.2024, the respondents sought time to file supplementary affidavit qua our detailed order dated 16.07.2024 and this supplementary order was placed on record on 13.11.2024. But, the Tribunal did not find it to be true compliance of order dated 18.02.2019 and the respondent No. 2 was directed to be present before the court on 11.12.2024.
20. In the meanwhile, the Hon‟ble High Court of Punjab and Haryana have passed a order dated 11.12.2024 in CWP No. 33135-2024 wherein the Tribunal was directed to ensure completion of pleadings and decide the Execution Application within two months. The learned counsel for the applicant submitted on that day that only 62 candidates remain for regularization. The respondents were directed to file compliance report and the case was posted for 22.01.2025. On 22.01.2025, the case was posted for today.
21. After going through the detailed objections filed by the respondents and the subsequent rebuttal to the same, we feel that the order dated 18.02.2019 passed in OA 27 (MA No. 952 of 2019 in OA No. 1129/2017) No. 060/1129/2017 has not been complied with in its letter and spirit in the light of record of applicants, orders passed by respondents relating to age and grant of Temporary Status and in the interest of justice, equity and fair-play.
22. In view of the foregoing, all these Execution Applications are allowed. Respondents are directed for strict compliance of the order dated 18.02.2019 in its true letter and spirit within two months of the date of receipt of this order.
23. Pending MAs, if any, are also disposed of accordingly.
24. A copy of this order be kept in the connected files as well.
(RASHMI SAXENA SAHNI) (RAMESH SINGH THAKUR)
Member (A) Member (J)
ND*