Central Administrative Tribunal - Jodhpur
Kamlesh Kumawat vs Revenue on 6 December, 2024
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290/00262/2020 & connected matters
CENTRAL ADMINISTRATIVE TRIBUNAL
JODHPUR BENCH, JODHPUR
Original Application No. 290/00262/2020
& connected matters
Reserved on : 08.11.2024
Date of Pronouncement: 06.12.2024
CORAM
HON'BLE Mr JUSTICE RAMESHWAR VYAS, MEMBER (J)
1. Original Application No. 290/00262/2020
1. Kamlesh Kumawat S/o Shri Ashok Kumawat, aged above
41 year, employed as Causal Peon (MTS) O/o Pr. CIT,
Aayakar Bhawan, Subcity Centre, Savina, Udaipur.
2. Sonu Chouhan S/o Shri Girdhari Lal, aged above 33 year
employed as Causal Peon, (MTS) O/o Pr. CIT, Aayakar
Bhawan, Subcity Centre, Savina, Udaipur.
3. Vijay Singh Chauhan S/o Late Shri Hari Singh Chauhan,
aged above 41 year, employed as Causal Peon, (MTS) O/o
Pr. CIT, Aayakar Bhawan, Subcity Centre, Savina, Udaipur.
4. Hira Lal Dangi S/o Shri Mithu Lal Dangi, aged above 27
year, employed as Casual Peon (MTS) O/o Pr. CIT, Aayakar
Bhawan, Subcity Centre, Savina, Udaipur.
5. Narbada Shankar Menariya S/o Shri Kalu Lal Menariya, aged
above 51 year, employed as Causal Peon, (MTS) O/o A.O.
(DDO) O/o Pr. CIT, Aayakar Bhawan, Subcity Centre,
Savina, Udaipur.
6. Gopal Dangi S/o Shri Ganesh Lal Dangi, aged above 29
year, employed as Casual Peon, (MTS) O/o Pr. CIT, Aayakar
Bhawan, Subcity Centre, Savina, Udaipur.
7. Kuldeep Singh S/o Late Shri Hari Singh Chauhan, aged
above 43 year, employed as Causal Peon, (MTS) O/o Pr.
CIT, Aayakar Bhawan, Subcity Centre, Savina, Udaipur.
8. Nagraj Meena S/o Shri Kanji Meena, aged above 46 year,
employed as Causal Peon, (MTS) O/o Pr. CIT, Aayakar
Bhawan, Subcity Centre, Savina, Udaipur.
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9. Kishan Lal Dangi S/o Shri Udai Lal Dangi, aged above 33
year, employed as Casual Peon (MTS) O/o Pr. CIT, Aayakar
Bhawan, Subcity Centre, Savina, Udaipur.
10. Kishan Lal Meghwal S/o Shri Roop Lal Meghwal, aged above
34 year, employed as Causal Peon, (MTS) O/o Pr. CIT,
Aayakar Bhawan, Subcity Centre, Savina, Udaipur.
11. Narendra Bhatnagar S/o Shri Ashok Bhatnagar, aged above
34 year, employed as Causal Peon, (MTS) O/o Pr. CIT,
Aayakar Bhawan, Subcity Centre, Savina, Udaipur.
12. Sunil Sukhwal S/o Late Shri Rajkumar Sukhwal, aged above
32 year, employed as Casual Peon, (MTS) O/o Pr. CIT,
Aayakar Bhawan, Subcity Centre, Savina, Udaipur.
13. Vardi Chand Dangi S/o Shri Jaganath Dangi, aged above 46
year, employed as Causal Peon, (MTS) O/o CCIT, Aayakar
Bhawan, Subcity Centre, Savina, Udaipur.
14. Yogesh Meena S/o Shri Omprakash Meena, aged above 44
year, employed as Causal Peon, (MTS) O/o Pr. CIT, Aayakar
Bhawan, Subcity Centre, Savina, Udaipur.
15. Sashikala Garui D/o Shri Babu Garu, aged above 45 year,
employed as Causal Peon, (MTS) O/o CCIT, Aayakar
Bhawan, Subcity Centre, Savina, Udaipur.
16. Sohan Lal Dangi S/o Shri Nathu Lal Dangi, aged above 32
year, employed as Causal Peon, (MTS) O/o CCIT, Aayakar
Bhawan, Subcity Center, Savina, Udaipur.
17. Niranjan Nath S/o Late Shri Dungar Nath, aged above 38
year, employed as Casual Peon, (MTS) O/o CCIT, Aayakar
Bhawan, Subcity Center, Savina, Udaipur.
18. Vinod Kumar Chouhan S/o Shri Chotu Lal Chouhan, aged
above 47 year, employed as Causal Peon, (MTS) O/o CCIT,
Aayakar Bhawan, Subcity Center, Savina, Udaipur.
19. Sohan Lal Meena S/o Shri Ram Lal Meena, aged above 32
year, employed as Casual Cook, (MTS) O/o CCIT, Aayakar
Bhawan, Subcity Centre, Savina, Udaipur.
20. Amba Lal Gameti S/o Shri Laluram Gameti, aged above 39
year, employed as Casual Cook, (MTS) O/o CCIT, Aayakar
Bhawan, Subcity Centre, Savina, Udaipur.
21. Dinesh Harijan S/o Shri Gamera Harijan, aged above 53
year, employed as Casual Sweeper, (MTS) O/o CCIT,
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Aayakar Bhawan, Subcity Centre, Savina, Udaipur.
22. Rugesh Dangi S/o Shri Nathu Dangi, aged above 33 year,
employed as Causal Peon, (MTS) O/o CIT (A), Aayakar
Bhawan, Subcity Center, Savina, Udaipur.
23. Manish Rawat S/o Shri Dau Lal Rawat, aged above 38 year,
employed as Casual Computer Operator, (MTS) O/o Pr. CIT,
Aayakar Bhawan, Subcity Center, Savina, Udaipur.
24. Narendra Purbia S/o Late Shri Himmat Lal Purbia, aged
above 39 year, employed as Causal Computer Operator
(MTS) O/o Pr. CIT, Aayakar Bhawan, Subcity Center,
Savina, Udaipur.
25. Mahesh Chandra Kulambi S/o Shri Ram Chandra Kulambi,
aged above 39 year, employed as Causal Computer
Operator (MTS) O/o A.O. (DDO) O/o Pr. CIT, Aayakar
Bhawan, Subcity Center, Savina, Udaipur.
26. Bhunveshwar Paneri S/o Late Shri Onkarnath Paneri, aged
above 44 year, employed as Casual Computer Operator
(MTS) O/o Pr. CIT, Aayakar Bhawan, Subcity Center,
Savina, Udaipur.
27. Pankaj Joshi S/o Shri Kaluram Joshi, aged above 39 year,
employed as Causal Computer Operator (MTS) O/o Pr. CIT,
Aayakar Bhawan, Subcity Center, Savina, Udaipur.
28. Jai Singh Sarangdevot S/o Shri Nirbhay Singh Sarangdevot,
aged above 37 year, employed as Causal Computer
Operator (MTS) O/o Pr. CIT, Aayakar Bhawan, Subcity
Center, Savina, Udaipur.
29. Manish Sanadhya S/o Shri Shiv Prakash Sanadhya, aged
above 38 year, employed as Causal Computer Operator
(MTS) O/o Pr. CIT, Aayakar Bhawan, Subcity Center,
Savina, Udaipur.
30. Prashant Singh Ranawat S/o Shri Mahipal Singh Ranawat,
aged above 38 year, employed as Causal Computer
Operator (MTS) O/o Pr. CIT, Aayakar Bhawan, Subcity
Center, Savina, Udaipur.
31. Dinesh Jain S/o Shri Shanti Lal Jain, aged above 40 year,
employed as Casual Computer Operator (MTS) O/o Pr. CIT,
Aayakar Bhawan, Subcity Center, Savina, Udaipur.
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32. Mahesh Nagda S/o Shri. Bhanwar Lal Nagda, aged above 40
year, employed as Causal Computer Operator (MTS) O/o Pr.
CIT, Aayakar Bhawan, Subcity Center, Savina, Udaipur.
33. Naresh Menaria S/o Shri Kishan Lal Menaria, aged above 33
year, employed as Causal Computer Operator (MTS) O/o Pr.
CIT, Aayakar Bhawan, Subcity Center, Savina, Udaipur.
34. Ajit Singh Chauhan S/o Shri Kesar Singh Chauhan, aged
above 37 year, employed as Casual Computer Operator
(MTS) O/o Pr. CIT, Aayakar Bhawan, Subcity Center,
Savina, Udaipur.
35. Jumme Khan Pathan S/o Late Shri Akbar Khan Pathan, aged
above 40 year, employed as Casual Computer Operator,
(MTS) O/o CCIT, Aayakar Bhawan, Subcity Center, Savina,
Udaipur.
36. Jaswant Singh S/o Shri Arjun Singh, aged above 41 year,
employed as Casual Computer Operator, (MTS) O/o CCIT,
Aayakar Bhawan, Subcity Center, Savina, Udaipur.
37. Dharmendra Kumawat S/o Shri Om Kumawat, aged above
40 year, employed as Casual Computer Operator, (MTS)
O/o CCIT, Aayakar Bhawan, Subcity Center, Savina,
Udaipur.
38. Manisha Sharma D/O Shri Pushkar Lal Sharma, aged above
43 year, employed as Causal Computer Operator, (MTS)
O/o CIT (A), Aayakar Bhawan, Subcity Center, Savina,
Udaipur.
39. Padmesh Sharma S/o Shri Hari Shankar Sharma, aged
above 37 year, employed as Casual Computer Operator,
(MTS) O/o Pr. CIT, Aayakar Bhawan, Subcity Center,
Savina, Udaipur presently posted O/o ITO, Chittorgarh
40. Pushker Choudhary S/o Shri Nand Ram Choudhary, aged
above 40 year, employed as Casual Computer Operator,
(MTS) O/o Pr. CIT, Aayakar Bhawan, Subcity Center,
Savina, Udaipur presently posted O/o ITO, Chittorgarh
41. Tilkesh Soni S/o Shri Prahlad Kumar Soni, aged above 32
year, employed as Casual Computer Operator, (MTS) O/o
Pr. CIT, Aayakar Bhawan, Subcity Center, Savina, Udaipur
presently posted O/o ITO, Chittorgarh.
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42. Geeta Bai W/o Shri Kalyan Lal Goran, aged above 59 year,
employed as Casual Sweeper, (MTS) O/o Pr. CIT, Aayakar
Bhawan, Subcity Center, Savina, Udaipur presently posted
O/o ITO, Chittorgarh.
43. Ram Sagar Meena S/o Shri Sukpal Meena, aged above 35
year, employed as Casual Peon, (MTS) O/o Pr. CIT, Aayakar
Bhawan, Subcity Center, Savina, Udaipur presently posted
O/o ITO, Chittorgarh.
44. Amba Lal Meena S/o Shri Hajari Lal Meena, aged above 41
year, employed as Casual Peon (MTS) O/o Pr. CIT, Aayakar
Bhawan, Subcity Center, Savina, Udaipur presently posted
O/o ITO, Rajsamand.
45. Vikram Arya S/o Shri Bhanwar Lal , aged about 37 years,
employed as Casual Peon (MTS) O/o Pr. CIT, Aayakar
Bhawan, Subcity Center, Savina, Udaipur presently posted
O/o ITO, Rajsamand.
46. Prakash Harisan S/o Shri Kishan Lal Harisan, aged about 37
years, employed as Casual Peon (MTS) O/o Pr. CIT, Aayakar
Bhawan, Subcity Center, Savina, Udaipur presently posted
O/o ITO, Rajsamand.
Address for correspondence:
C/O Kamlesh Kumawat S/O Sh Ashok ji Kumawat,
R/O- 2 TA 41, Hiran Magri Sec-5, Udaipur
......Applicants
Versus
1. Union of India through Secretary to the Govt. of India,
Ministry of Finance, Department of Revenue, North Block,
New Delhi. 110 001.
2. The Chairman, Central Board of Direct Taxes, Deptt. Of
Revenue, Ministry of Finance, North Block, New Delhi-
110002.
3. The Pr. Chief Commissioner of Income Tax, Central
Revenue Building, Bagwan Dass Road, C Scheme, Jaipur-
302 006.
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4. The Secretary to Govt. of India, Ministry of Personnel,
Public Grievances and Pensions Deptt. Of Personnel and
Trailing, New Delhi- 110 001.
......Respondents
2. Original Application No. 290/00313/2017
1. Shobha Ram son of Sh. Dhan Raj, aged about 42 years,
resident of Dhada Bas, Mahamandir, Jodhpur, at present
employed as Casual Peon (MTS), in the office of CIT, O/O
Income Tax Appellate Tribunal, 27-A, HanuwantVihar,
Raikabag, Jodhpur.
2. Khiya Ram son of Shri Multana Ram, aged about 37 years,
resident of Vill and PO. Koshana, Tehsil- Bhopal Garh,
Jodhpur, at present employed as Casual Peon (MTS), in
the office of CIT, O/O Income Tax Appellate Tribunal, 27-
A, HanuwantVihar, Raikabag, Jodhpur.
3. Smt. Shobha Devi wife of Sh. Ashok, aged about 48 years,
resident of HarijanBashi, UdaiMandir, Jodhpur, at present
employed as Casual Sweeper (MTS), in the office of CIT,
O/O Income Tax Appellate Tribunal, 27-A, HanuwantVihar,
Raikabag, Jodhpur.
......Applicants
Versus
1. Union of India through Secretary to Govt. of India Ministry
of Finance, Deptt. of Revenue, Central Board of Direct
Taxes, North Block, New Delhi.
2. Principal Chief Commissioner of Income Tax, C R Building,
Statute Circle, B D Road, Jaipur.
3. Commissioner of Income Tax, O/O Income Tax Appellate
Tribunal, 27-A, HanuwantVihar, Raikabag, Jodhpur.
.........Respondents
3. Original Application No. 290/00319/2017
1. Laxman Singh son of Shri Ram Dev, aged about 29 years,
resident of Kasaiwara, Nakash gate, Nagaur at present
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employed as causal Chowkidar in the office of Income Tax
Officer, Nagaur.
2. Manoj Kumar Bora son of Shri Magan Lal Bora, aged about
47 years, resident of GungsaKiGali, Lohiyon Ka Chowk,
Nagaur, at present employed as causal Computer Operator
in the office of Income Tax Officer, Nagaur.
3. Satyanarayan Kansara son of Sh. Murlidhar Kansara, aged
about 32 years, resident of Kansara Ka Mohulla, Opposite
Jagdamba, Ayurvedic M G Road, Nagaur, at present
employed as causal Computer Operator in the office of
Income Tax Officer, Nagaur.
4. Nitesh Tolawat son of Sh. Narendra Kumar Tolawat, aged
about 30 years, resident of TolawatoKi Pole, Machhion Ka
Chowk. Nagaur, at present employed as causal Computer
Operator in the office of Income Tax Officer, Nagaur.
......Applicants
Versus
1. Union of India through Secretary to Govt. of India, Ministry
of Finance, Deptt. of Revenue, CBDT, North Block, New
Delhi.
2. Principal Chief Commissioner of Income Tax, C R Building,
Statute Circle, B D Road, Jaipur.
3. Chief Commissioner of Income Tax, Paota C Road, Jodhpur
.........Respondents
4. Original Application No. 290/00322/2017
1. Anil Kumar Solanki son of Sh. Bhanwar Lal Solanki, aged
about 31 years, at present employed on the post of Casual
Peon (MTS) in the office of Principal Commissioner of
Income Tax-2, Jodhpur.
2. Purkh Das Vaishnav son of Sh. Dhan Das Vaishnav, aged
about 37 years, at present employed on the post of Casual
Peon (MTS) in the office of Principal Commissioner of
Income Tax-2, Jodhpur.
3. Surendra Bhati son of late Sh. Kishorilalji, aged about 41
years, at present employed on the post of Casual Peon
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(MTS) in the office of Principal Commissioner of Income
Tax-2, Jodhpur.
4. Rakesh Puri son of Sh. GovindPuri, aged about 29 years, at
present employed on the post of Casual Peon (MTS) in the
office of Principal Commissioner of Income Tax-2, Jodhpur.
5. Shankar Lal Parmar son of late Sh. Mana Ram Parmar, aged
about 39 years, at present employed on the post of Casual
Peon (MTS) in the office of Principal Commissioner of
Income Tax-2, Jodhpur.
6. Naresh Gehlot son of late Sh. Mohan Singh, aged about 30
years, at present employed on the post of Casual Peon
(MTS) in the office of Principal Commissioner of Income
Tax-2, Jodhpur.
Address for address for correspondence: C/O Anil Kumar
Solanki resident of H. No. 8, Baldev Nagar, Mata Ji Ka Than
Road, MangraPoonjla, Mandor, Jodhpur
......Applicants
Versus
1. Union of India through Secretary to Govt. of India, Ministry
of Finance, Deptt. of Revenue, CBDT, North Block, New
Delhi.
2. Principal Chief Commissioner of Income Tax, C R Building,
Statute Circle, B D Road, Jaipur.
3. Chief Commissioner of Income Tax,Paota C Road, Jodhpur
.........Respondents
5. Original Application No. 290/00397/2017
1. Gauri Shankar S/o Sh. Kishan Lal Maru, aged about 51
years, R/o- Ward No. 18, Naiyon-ka-Mohulla, Napasar,
Bikaner, at present employed as Causal Chowkidar, in the
office of Assistant Commissioner of Income Tax (Central),
Bikaner.
2. Mohd Umar S/O Sh Anwar Ali, aged about 44 years R/O-
Telyeon-ka-Mohulla, near School No. 9, Fad Bazar, Bikaner
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at present employed as Causal Waterman, in the office of
Assistant Commissioner of Income Tax (Central), Bikaner.
......Applicants
Versus
1. Union of India through Secretary Govt of India, Ministry of
Finance, Central Board of Direct Taxes, North Block, New
Delhi.
2. Principal Commissioner of Income Tax (Central), 2nd Floor,
New C R Building (Annexe), Statute Circle, B D Road,
Jaipur.
3. Assistant Commissioner of Income Tax (Central), Aaykar
Bhawan, Rani Bazar, Bikaner.
.........Respondents
6. Original Application No. 290/00279 /2018
Chandra Prakash son of Shri Dev Das Rankawat, aged about
33 years, resident of Near Gokul Niwas, Umed Chowk,
Jodhpur, at present employed Casual Labour as Computer
Operator (MTS), in Income Tax Office, Paota C Road,
Jodhpur
......Applicant
Versus
1. Union of India through Secretary to Govt. of India Ministry
of Finance, Deptt. of Revenue, North Block, New Delhi.
2. Principal Chief Commissioner of Income Tax, C R Building,
Statute Circle, B D Road, Jaipur.
3. Principal Commissioner of Income Tax, Paota C Road, Lal
Maidan, Jodhpur.
.........Respondents
7. Original Application No. 290/00280 /2018
1. Lalit Gehlot son of Late Sh. Mangi Lal, aged about 34 years,
resident of Vill. and Post -Dhamli, via Marwar Jn, Pali., at
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present employed as Casual Waterman/Peon (MTS), in the
office of Income Tax, Joint CIT, Pali.
2. Lalit Kumar son of Sh. Bhanwar Lal, aged about 32 years,
resident of Vill. and Post- Indra Colony, Raiko Ki Dhani,
Khinwara, via Marwar Jn, Distt- Pali, at present employed as
Casual Computer Operator (MTS), in the office of Income
Tax, Joint CIT, Pali.
3. Ishwar Sharma son of Sh. Parshram Sharma, aged about 33
years, resident of House No. 52, Rajendra Nagar, Near
Mahila Police Thana, Pali, at present employed as Casual
Waterman/Peon in the office of Income Tax, Joint CIT, Pali.
......Applicants
Versus
1. Union of India through Secretary to Govt. of India Ministry
of Finance, Deptt. of Revenue, North Block, New Delhi.
2. Principal Chief Commissioner of Income Tax,C R Building,
Statute Circle, B D Road, Jaipur.
3. Principal Commissioner of Income Tax-I, Paota C Road, Lal
Maidan, Jodhpur.
.........Respondents
8. Original Application No. 290/00281/2018
1. Jagdish Singh Rathore s/o Sh.Mango Singh, aged about 38
years, at present employed on the post of Casual/Daily Paid
Computer Operator (MTS) in the office of CIT-2 Charge,
Aaykar Bhawan, Paota C Road Jodhpur-342010.
2. Deep Singh Badgujar s/o Sh.Bhanwar Singh Badgujar,aged
about 39 years, at present employed on the post of
Casual/Daily Paid Computer Operator (MTS) in the office of
CIT-2, Aaykar Bhawan, Paota C Road Jodhpur-342010.
3. Kushal Singh Badgujar s/o Sh. Bhanwar Singh Badgujar
Badgujar, aged about 41 years, at present employed on the
post of Casual/Daily Paid Computer Operator (MTS) in the
office of CIT-2 Aaykar Bhawan, Paota C Road Jodhpur-
342010.
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4. Alok Vyas s/o. Sh. Jagdish Narayan Vyas, aged about 43
years, at present employed on the post of Casual/Daily Paid
Peon (MTS) in the office of CIT-2, Aaykar Bhawan, Paota C
Road Jodhpur-342010.
5. Rajendra Kumar Parihar s/o Sh. Om Prakash Parihar, aged
about 45 years, at present employed on the post of
Casual/Daily Paid Computer Operator (MTS) in the office of
CIT-1, Aaykar Bhawan, Paota C Road Jodhpur-342010.
6. Doulat s/o Sh. Suraj, aged about 33 years, at present
employed on the post of Casual/Daily Paid Peon (MTS) in
the office of CIT-1, Aaykar Bhawan, Paota C Road Jodhpur-
342010.
7. Lalit Mehras/o Sh.Gouri Shankar, aged about 30 years, at
present employed on the post of Casual/Daily Paid Peon
(MTS) in the office of CIT-2, Aaykar Bhawan, Paota C Road
Jodhpur-342010. .
8. Vikram Singh s/0 Sh. Balkishan Singh, aged about 38
years, at present employed on the post of Casual/Daily Paid
Chaukidar (MTS) in the office of CIT-1, Aaykar Bhawan,
Paota C Road Jodhpur-342010. .
9. Amraw Dan Charan s/o Sh.Bhanwar Dan, aged about 35
years, at present employed on the post of Casual/Daily
Paid Peon (MTS) in the office of TDS, Aaykar Bhawan,
Paota C Road Jodhpur-342010. .
10. Pradep Singh s/o Sawai Singh, aged about 29 years, at
present employed on the post of Casual/Daily Paid Peon
(MTS) in the office of TDS, Aaykar Bhawan, Paota C Road
Jodhpur-342010.
11. Hansraj s/o Shri Tulsi das Khinchi, aged about 28 years, at
present employed on the post of Casual/Daily Paid Peon
(MTS) in the office of CIT-2, Aaykar Bhawan, Paota C Road
Jodhpur-342010.
12. Santosh Chandel s/o Shri Tara Chand Chandel, aged about
35 years, at present employed on the post of Casual/Daily
Paid Peon (MTS) in the office of CIT-2, Aaykar Bhawan,
Paota C Road Jodhpur-342010.
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13. Jitendra Kachhawaha s/o Shri Mishri Lal Kachhawaha, aged
about 36 years, at present employed on the post of
Casual/Daily Paid Computer Operator (MTS) in the office of
CIT-2, Aaykar Bhawan, Paota C Road Jodhpur-342010.
14. Prem Prakash s/o Shri Puna Ram, aged about 29 years, at
present employed on the post of Casual/Daily Paid Peon
(MTS) in the office of CIT-2, Aaykar Bhawan, Paota C Road
Jodhpur-342010.
15. Hari Ram Meena s/o Shri Badri Prasad Meena, aged about
43 years, at present employed on the post of Casual/Daily
Paid Peon (MTS) in the office of CIT-1 , Aaykar Bhawan,
Paota C Road Jodhpur-342010.
......Applicants
Versus
1. Union of India through Secretary to Govt. of India Ministry of
Finance, Deptt. of Revenue, North Block, New Delhi.
2. Principal Chief Commissioner of Income Tax, C R Building,
Statute Circle, B D Road, Jaipur.
3. Principal Commissioner of Income Tax, Paota C Road, Lal
Maidan, Jodhpur.
.........Respondents
9. Original Application No. 290 /00283/2018
1. Suresh Kumar s/o Sh.Kishan Chander Samariya, aged about
43 years, at present employed on the post of Casual/Daily
Paid Chowkidar (MTS) in the office of CIT-1, Aaykar
Bhawan, Paota C Road Jodhpur-342010.
2. Narendra Singh Rathore s/0 Sh.Kishore Singh Rathore,aged
about 28 years, at present employed on the post of
Casual/Daily Paid Computer Operator (MTS) in the office of
Income Tax Officer (Systems), Aaykar Bhawan, Paota C
Road Jodhpur-342010.
3. Praveen Singh Bhati son of Sh. Madan Singh, aged about 36
years, presently employed as Casual Peon (MTS)in the
office of Income tax, CCIT, Jodhpur.
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4. MohdIrfanson of Sh.Mohd Gulfam, aged about 32 years, at
present employed as Casual Peon(MTS), in the office of
Income Tax, CCIT, Jodhpur.
5. Shravan Kumar son of Shri Charan Das, aged about 29
years, at present employed as
CasualSafaiwala/Sweeper(MTS) in the office of Income Tax
Office, CCIT, Jodhpur.
6. Poonam Chand son of Late Shri Hari Bhajan, aged about 32
years, at present employed as Casual Labour-Peon (MTS) in
the office of Income Tax Office,CCIT, Jodhpur.
7. Amit Kumar Pandit son of Shri Haridas Pandit, aged about
35 years, at present employed as Casual Labour-Peon
(MTS) in the office of Income Tax Office,CCIT, Jodhpur.
8. Lal Chand Nath son of Sh. Laxman Nath, aged about 37
years, at present employed as Casual Computer Operator
(MTS), in the office of Income Tax, Joint CIT, Pali.
9. Dinesh Teji S/o Shri Ramesh Teji, aged about 38 years, R/o
at present employed as Casual Labour-Peon (MTS) in the
office of Income Tax Office,CIT-I (Appeal), Jodhpur.
ADDRESS FOR CORRESPONDENCE:
Suresh Kumar s/o Sh. Kishan ChanderSamariya, aged about 43
years, R/o Kala Colony, Gali No. 9, Nagauri Gate, FortRoad,
Jodhpur.
......Applicants
Versus
1. Union of India through Secretary to Govt. of India Ministry
of Finance, Deptt.of Revenue, North Block, New Delhi.
2. Principal Chief Commissioner of Income Tax, C R Building,
Statute Circle, B D Road, Jaipur.
3. Chief Commissioner of Income Tax, Paota C Road, Lal
Maidan, Jodhpur.
.........Respondents
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10. Original Application No. 290 /00288/2018
1. Jeevan Singh Gehlot S/o Shri Jagdish Singh Gehlot, aged
about 36 years, at present employed as Casual Peon (MTS),
in the office of Joint CIT, Central Range, Jodhpur.
2. Mukhtiyar Ahmed S/o Shri Kabir Ahmed, aged about 42
years, at present employed as Casual Peon (MTS) , in the
office of joint Director, Income Tax Investigation, Jodhpur.
3. Sunny Panwar S/o Shri RamlalPanwar, aged about 32 years,
at present employed as Casual Computer Operator (MTS) ,
in the office of Joint CIT, Central Range, Jodhpur.
4. Arjun Gujrati S/o Shri Ratan Lal Gujrati, aged about 33
years, at present employed as Casual Peon (MTS), in the
office of Joint CIT, Central Range, Jodhpur.
5. Devi Sahay S/o Jetharam, aged bout 42 years, at present
employed as Casual Peon (MTS), in the office of Joint
Director, Income Tax INCI, Jodhpur.
6. Karan Singh Bhati son of Sh. Shankar Singh Bhati, aged
about 34 years, at present employed as Casual Peon (MTS),
in the office of Joint Director, Income Tax Investigation,
Jodhpur.
7. Om Prakash son of Sh. Papsi Ram, aged about 37 years, at
present employed as Casual Safaiwala/Sweeper (MTS) in
the office of Joint Director, Income Tax Investigation,
Jodhpur.
8. Dheeraj Rajodiya S/o Late Shri Om Prakash Rajodiya, aged
about 38 years, at present employed as Casual Peon (MTS),
in the office of Joint Director, Income Tax Investigation,
Jodhpur.
ADDRESS FOR CORRESPONDENCE:
C/O Jeevan Singh Gehlot S/o Shri Jagdish Singh Gehlot, R/O
Jaloriyon Ka Bas Near AdharShila, Inside Nagori Gate, Jodhpur
......Applicants
Versus
15
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1. Union of India through Secretary Govt. of India Ministry of
Finance, Central Board of Direct Taxes, North
Block, New Delhi.
2. Director General Income Tax (Investigation), New C R
Building, Statute Circle, B D Road, Jaipur.
.........Respondents
11. Original Application No. 290/00181/2020
Heera lal S/o Shri Nathu Ram, aged about 49 years,
Resident of Gopal Gaushala, Makrana, Rajasthan, presently
working as Casual Safaiwala/Part Time Worker, in the office
of Income Tax Office Jai Shiv Chowk, Makrana, District
Nagaur.
......Applicant
Versus
1. Union of India through Secretary to the Govt. of India,
Ministry of Finance, Deptt. of Revenue (Income tax), North
Block, New Delhi- 110 001.
2. The Chairman, Central Board of Direct Taxes, Deptt. of
Revenue, Ministry of Finance, North Block, New Delhi-
110001.
3. Pr. Chief Commissioner of Income Tax, Central Revenue
Building, Bhagwan Dass Road, C Scheme, Jaipur-302-006.
4. The Secretary to Ministry of Personnel, P G and Pensions,
Deptt. of Personnel & Training, North Block, New Delhi -
110 001.
.........Respondents
12. Original Application No. 290/00182/2020
Ramavtar son of Shri Om Prakash, aged about 49 years,
resident of Harijan Basti, Deen Mohammed Road, Sikar,
Rajasthan-332001, presently working as casual
Safaiwala/Part Time Worker, in the office of Addl
Commissioner of Income Tax, Tobinagar Sanwali Road,
Sikar-332001.
16
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......Applicant
Versus
1. Union of India through Secretary to the Govt. of India,
Ministry of Finance, Deptt. of Revenue (Income tax), North
Block, New Delhi- 110 001.
2. The Chairman, Central Board of Direct Taxes, Deptt. of
Revenue, Ministry of Finance, North Block, New Delhi-
110001.
3. Pr. Chief Commissioner of Income Tax, Central Revenue
Building, Bhagwan Dass Road, C Scheme, Jaipur-302-006.
4. The Secretary to Ministry of Personnel, P G and Pensions,
Deptt. of Personnel & Training, North Block, New Delhi -
110 001.
.........Respondents
13. Original Application No. 290/00231/2020
Daya Ram son of Shri Taga Ram, aged about 53 years,
resident of Inside SurajPol, Harijan Basti Jalore -343001, at
present employed as part time Casual Daily Worker (MTS)
in the office of ITO Ward-I and II, Income Tax Office Shivaji
Nagar Jalore.
......Applicant
Versus
1. Union of India through Secretary to the Govt. of India,
Ministry of Finance, Deptt. of Revenue (Income tax), North
Block, New Delhi- 110 001.
2. The Chairman, Central Board of Direct Taxes, Deptt. of
Revenue, Ministry of Finance, North Block, New Delhi-
110001.
3. Pr. Chief Commissioner of Income Tax, Central Revenue
Building, Bhagwan Dass Road, C Scheme, Jaipur-302-006.
4. The Secretary to Ministry of Personnel, P G and Pensions,
Deptt. of Personnel & Training, North Block, New Delhi -
110 001.
17
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.........Respondents
14. Original Application No. 290/00250/2020
1. Mahender Kumar Ramawat son of Sh. Gopal Das Ramawat,
aged 36 years, at present employed as Causal Data Entry
Operator (MTS) in the office of ITO, Ward-2(2), Bikaner.
2. Kamal Kishore Swami son of Sh. Hanuman Das Swami,
aged about 33 years, at present employed as causal Data
Entry Operator (MTS) in the office of CIT(A), Bikaner.
3. Vimal Kumar Swami son of Sh. Niranjan Lal Swami, aged 40
years, at present employed as causal Data Entry Operator
(MTS) in the office of ITO, Ward-1(3), Bikaner.
4. Krishan Kumar Kansara son of Sh. Manohar Lal Kansara,
aged about 31 years, at present employed as causal Data
Entry Operator (MTS) in the office of JCIT, Range-1,
Bikaner.
5. Shiv Kumar Swami son of Sh. Hanuman Das Swami, aged
about 38 years, at present employed as causal Data Entry
Operator (MTS) in the office of ITO, Ward-1(1), Bikaner.
6. Shravan Kumar Shankhla son of Sh. Magha Ram Shankhla,
aged about 29 years, at present employed as causal Data
Entry Operator (MTS) in the office of ITO, Ward-2(1),
Bikaner
7. Hari Prakash Suthar son of Sh. Kishan Lal Suthar, aged
about 37 years, at present employed as Causal Data Entry
Operator (MTS) in the office of ITO, Ward-1(4), Bikaner.
8. Nirmal Kumar Kheriwal son of Sh. Surja Ram Kheriwal, aged
about 42 years, at present employed as causal Data Entry
Operator (MTS) in the office of ITO(Tech.), Bikaner.
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9. Jitendra Jhungh son of Sh. Champa Lal Jhungh, aged about
40 years, at present employed as causal Sweeper (MTS) in
the office of ITO (H), Bikaner.
10. Mahender Singh Parihar son of Sh. Gulab Singh Parihar,
aged about 33 years, at present employed as Casual
Waterman (MTS) in the office of CIT (Appeal), Bikaner.
11. Ram Swaroop Meena son of Sh. Mohan Lal Meena, aged
about 41 years, at present employed as Casual Peon (MTS)
in the office of ITO (HQ), Bikaner.
12. Raj Kumar Barupal son of Sh. Dala Ram Barupal, aged 42
years, at present employed as Casual Waterman (MTS) in
the office of ACIT, Circle-1, Bikaner.
13. Ravindra Kumar son of Sh. Bhanwar Lal, aged about 30
years, at present employed as Casual Waterman (MTS) in
the office of Pr CIT, Bikaner.
14. Sharwan Kumar Meghwal son of Sh. Gebi Ram Meghwal,
aged about 40 years, at present employed as Casual
Waterman (MTS) in the office of ITO (Tech.), Bikaner.
15. Rajesh Kumar Jhungh son of Sh. Champa Lal Jhungh, aged
about 37 years, at present employed as Causal Sweeper
(MTS) in the office of ITO (HQ), Bikaner.
Address for correspondence:
C/O Nirmal Kumar Kheriwal son of Sh. Surja Ram
Kheriwal, R/O 33, Chankaya Nagar, Old Shiv Bari Road,
Bikaner-334003,
......Applicants
Versus
1. Union of India through Secretary to the Govt. of India,
Ministry of Finance, Deptt. of Revenue (Income tax), North
Block, New Delhi- 110 001.
19
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290/00262/2020 & connected matters
2. The Chairman, Central Board of Direct Taxes, Deptt. of
Revenue, Ministry of Finance, North Block, New Delhi-
110001.
3. Pr. Chief Commissioner of Income Tax, Central Revenue
Building, Bhagwan Dass Road, C Scheme, Jaipur-302-006.
4. The Secretary to Ministry of Personnel, P G and Pensions,
Deptt. of Personnel & Training, North Block, New Delhi -
110 001.
.........Respondents
15. Original Application No. 290/00251 /2020
1. Ramesh son of Sh. Gopi Lal, aged about 38 years, resident
of Gandhi Chowk, Sardar Patel Marg, Jalore, at present
employed as Casual Computer/Data Entry Operator in the
office of Income Tax Officer, Jalore.
2. Dinesh Vaishnav son of Sh. Hari Ram Vaishnav, aged about
31 years, resident of Railway Station, Mokalsar, Distt.
Barmer, at present employed as Casual Computer Operator
in the office of Income Tax Officer, Jalore.
3. Raju Ram Mali son of Shri Amara, aged about 43 years,
resident of Behind FCI Godown, Jalore, at present employed
as Casual Chowkidar in the office of Income Tax Officer,
Jalore.
4. Chandra Prakash son of Shri Rameshwar Lal, aged about 34
years, resident of Azad Chowk, Ramawat Street, Barmer, at
present employed as Casual Computer/Data Entry Operator
in the office of Income Tax Officer (DDO), Barmer.
5. Bhanwar Lal son of Sh. Gena Ram, aged about 35 years,
resident of Vill-Ramsaria, Post- BaituBhopji Distt. Barmer-
344034, at present employed as Casual Peon in the office of
Income Tax Officer (DDO), Barmer.
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6. Devilal S/o Sh. Dala Ram Aged about 35 Years R/o Village &
Post Moongra, Via Balotra Tehsil-Pachapadara Dist Barmer,
R/O, at present employed as Causal Computer Operator, in
the office of Income-tax Officer Ward, Balotra Distt.
Barmer.
7. Deepa Ram son of Shri Raju Ram, aged about 36 years,
resident of PanonioyoKiDhanit, Village and Post-Senvniyla,
Tehsil- Baytu, Distt, Barmer, at present employed on the
post of Peon works in the office of Income Tax Officer,
Balotra Distt. Barmer.
8. Kailash Kumar Chawariya s/o Sh. Prem Ram, aged about 45
years, resident of Behind Ganesh Talkies, Sumerpur, Distt.
Pali, at present employed as Casual Peon/Safaiwala in the
office of Income Tax, Sumerpur.
......Applicants
Versus
1. Union of India through Secretary to the Govt. of India,
Ministry of Finance, Deptt. of Revenue (Income tax), North
Block, New Delhi- 110 001.
2. The Chairman, Central Board of Direct Taxes, Deptt. of
Revenue, Ministry of Finance, North Block, New Delhi-
110001.
3. The Chief Commissioner of Income Tax, Central Revenue
Building, BhagwanDass Road, C Scheme, Jaipur-302-006.
4. The Secretary to Govt. of India Ministry of Personnel, Public
Grievances and Pensions Deptt. of Personnel and Training,
New Delhi-110 001
.........Respondents
16. Original Application No. 290/00252 /2020
1. Pushkar Lal Dangi s/o Sh. Udai Lal Dangi, aged about 40
years, at present employed as Causal Driver (MTS), in the
21
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290/00262/2020 & connected matters
office of DDIT, Inv-1, Udaipur O/o the Addl/JT Director
Income Tax.
2. Yashwant Joshi s/o Late Shri Mohan Lal Ji Joshi, aged about
39 years, at present employed as of Casual Computer/Data
Entry Operator (MTS), in the office of the Addl/JT Director
Income Tax.
3. Rajendra Kumar Sen s/o Shri Laxmi Lal Sen, aged about 46
years, at present employed as of Casual Computer/Date
Entry Operator (MTS), in the office the Addl/JT Director
Income Tax.
4. Poonam Chand Meena s/o Sh. Narayan Lal Meena, aged
about 33 years, at present employed as of Casual Peon
(MTS), in the office of Addl/JT Director Income Tax.
5. Balu Ram Dangi s/o Sh. Ram Lal Dangi, aged about 33
years, at present employed as Causal Peon (MTS), in the
office of DDIT, Inv-2, Udaipur O/o the Addl/JT Director
Income Tax.
6. Vijay Lal Lohar s/o Kishan Lal Lohar, aged about 44 years,
at present employed as of Casual Peon (MTS), in the office
of the Addl/JT Director Income Tax, Inv. Udaipur.
7. Smt Sushila Bai Sonawat W/o Shyam Lal Sonawat, Aged
about 50 years, at present employed as of Casual Sweeper
(MTS), in the office the Addl/JT Director Income Tax.
8. Miss Priyanka Soni d/o Shri Arun Ji Swarnkar, aged about
32 years, at present employed as Causal Computer/Data
Entry Operator (MTS) in the office of Addl/JT CIT, Central
Range, Udaipur
9. Moti Lal Dangi s/o Shri Puraji Dangi, aged about 51 years,
at present employed as Causal Peon (MTS) in the office of
Addl/JT CIT, Central Range, Udaipur.
10. Roop Lal Dangi s/o Shri Dhulajin Dangi, aged about 43
years, at present employed as Causal Peon (MTS) in the
office of Addl/JT CIT, Central Range, Udaipur
11. Rekha Gehlot S/o Shri Chotu Lal, aged about 46 years, R/O-
H M Sec 5, Banjaram Basti, Udaipur, at present employed
as Causal Sweeper (MTS), in the office of Addl/JT CIT,
Central Range, Udaipur.
22
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12. Hitendra Chauhan son of Sh. Kailash Chand Chauhan, aged
about 37 years, employed as Casual Computer/Data Entry
Operator (MTS), in O/o ACIT, C.C.-1, Ajmer under the
Addl/JT CIT, Central Range, Udaipur.
13. Kamal son of Late Shri Jethmal, aged about 55 years,
employed as Casual Worker/Peon/Waterman (MTS), in O/o
ACIT, C.C.-1, Ajmer under the Addl/JT CIT, Central Range,
Udaipur.
Address for correspondence:
Resident of C/o Pushkar Lal Dangi s/o Udai Lal Dangi,
Village- Manpura Post- Lakhawali, Udaipur
......Applicants
Versus
1. Union of India through Secretary to Govt. of India, Ministry
of Finance, Department of Revenue, North Block, New Delhi.
110 001.
2. The Chairman, Central Board of Direct Taxes, Deptt. of
Revenue, Ministry of Finance, North Block, New Delhi-
110002.
3. The Pr. Chief Commissioner of Income Tax, Central Revenue
Building, Bagwan Dass Road, C Scheme, Jaipur-302-006.
4. Director General Income Tax (Investigation), New C R
Building, Statute Circle, B D Road, Jaipur.
5. The Secretary to Govt. of India Ministry of Personnel, Public
Grievances and Pensions DOPT, New Delhi-110 001
.........Respondents
17. Original Application No. 290/00253 /2020
1. Subhash Chander son of Sh. Banwari Lal, aged about 37
years, at present employed as Casual Waterman/Peon
(MTS), in the office of Income Tax, Sriganganagar. M-
9887537987
2. Sohan Singh son of Sh. Raj Kumar Saini, aged about 31
years, at present employed as Casual Waterman/Peon
23
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290/00262/2020 & connected matters
(MTS), in the office of Income Tax, Sriganganagar. M-
9783390001
3. Vinod Godara son of Sh. Sahab Ram, aged about 37 years,
at present employed as Casual Computer Operator (MTS),
in the office of Income Tax, ACIT, Circle, Sriganganagar. M-
9928530999
4. Sukhvinder Singh son of Sh. Gurmej Singh, aged about 34
years, at present employed as Causal Waterman (MTS) in
the office of ITO, Suratgarh. M-7014698327
5. Bhanwar Lal Mund S/O Sh. Girdhari Lal Mund, aged about
35 years at present employed as Causal Waterman/ Bagwan
(MTS), in the Income-tax Office Hanumangarh Jn.
6. Ramesh Soni son of Sh. Balram Soni, aged about 31 years,
at present employed as Casual Computer Operator (MTS),
in the office of Income Tax, ITO ward-4, Range,
Sriganganagar. M-9672550001
7. Gaurav Sharma S/o Sh. Hari Shankar Sharma, aged about
34 years, at present employed as Causal Data Entry
Operator (MTS), in the Income-tax Office Hanumangarh Jn.
8. Manish Sharma S/O Sh Ram Pratap Sharma, aged about 33
years at present employed as Causal Data Entry Operator
(MTS), in the Income-tax Office Hanumangarh Jn.
9. Randhir Kumar son of Sh. Lal Chand, aged about 32 years,
at present employed as Casual Computer Operator (MTS),
in the office of Income Tax, DCIT Circle, Sriganganagar. M-
9772740001
Address for correspondence:
C/O Subhash Chander S/o Shri Banwari Lal, Ward No. 11,
Behind Sukhwant Cinema, Purani Abadi, Sriganganagar
......Applicants
Versus
1. Union of India through Secretary to Govt. of India, Ministry
of Finance, Department of Revenue, North Block, New Delhi.
110 001.
24
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290/00262/2020 & connected matters
2. The Chairman, Central Board of Direct Taxes, Deptt. of
Revenue, Ministry of Finance, North Block, New Delhi-
110002.
3. The Pr. Chief Commissioner of Income Tax, Central Revenue
Building, BagwanDass Road, C Scheme, Jaipur-302-006.
4. The Secretary to Govt. of India Ministry of Personnel, Public
Grievances and Pensions Deptt. of Personnel and Training,
New Delhi-110 001
.........Respondents
18. Original Application No. 290/00254/2020
1. Narpat Lal Parihar son of Sh. Chhoga Ram, aged about 40
years, R/O Indra Colony, NayaKalapura, Near Hotel
Woodland, Ward No. 25, Shivganj Distt. Sirohi-307027.
2. Sanjay Kumar Kumhar son of Sh. Harish Kumar, aged about
34 years, R/O Near Sarjawa Gate, Kumaharwada, Sirohi.
3. Hitesh Chandra son Sh. Magan Lal, aged about 42 years,
resident of Near New Bus Stand, Gali No. 2, Sirohi.
4. Smt Lalita wife of Sh Himamt Kumar, aged about 47 years,
resident of Near Old Police Line, Jhupdi Road, Sirohi.
5. Hari Singh son of Shri Jai Singh, aged about 53 years,
resident of Vill-Kumtia, Tehsil-Bali Distt-Pali.
6. Suresh Kumar son of Shri Ramesh Kumar, aged about 37
years, R/O GudriaJav, PilkaniNari, Sumerpur, Distt. Pali.
......Applicants
Versus
1. Union of India through Secretary to Govt. of India, Ministry
of Finance, Department of Revenue, North Block, New Delhi.
110 001.
2. The Chairman, Central Board of Direct Taxes, Deptt. of
Revenue, Ministry of Finance, North Block, New Delhi-
110002.
3. The Pr. Chief Commissioner of Income Tax, Central Revenue
Building, Bagwan Dass Road, C Scheme, Jaipur-302-006.
25
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4. The Secretary to Govt. of India Ministry of Personnel, Public
Grievances and Pensions Deptt. of Personnel and Training,
New Delhi-110 001
.........Respondents
19. Original Application No. 290/00255/2020
1. Vishram Bairwa s/o Sh. Ram Sahai Bairwa, aged about 36
years, at present employed on the post of Casual Labour
(MTS) in the office of O/o the ACIT, Circle, Bhilwara
2. Abdul Kadir s/0 Sh. Abdul Muqeem Quazi, aged about 32
years, at present employed on the post of Casual Date
Entry Operator (MTS) in the office of O/o the JCIT, Range,
Bhilwara.
3. Ratan Lal Sen son of Sh. Gopal Lal Sen, aged about 41
years, presently employed as Casual Date Entry Operator
(MTS) in the office of O/o the ACIT, Circle, Bhilwara.
4. Pushpkant Sharma son of Sh. Nanu Ram Sharma, aged
about 40 years, at present employed as Casual/ Date Entry
Operator (MTS), O/o the ITO, Ward-3, Bhilwara.
5. Bajrangi Yadav son of Shri Ram Dod Yadav, aged about 36
years, at present employed as Casual/Labour (MTS) O/o the
ACIT, Circle, Bhilwara
6. Mahendra Singh Rathore son of Sh. Raghuveer Singh
Rathore, aged about 33 years, at present employed as
Casual/Labour (MTS) in the office of Income Tax Office,
Bhilwara.
7. Vishal Kumar Modi son of Sh. Jhamak Lal Modi, aged about
37 years, at at present employed as Casual/Labour (MTS) in
the office of Income Tax Office, Bhilwara.
8. Bharat Kumar Modi son of Mohan Lal Modi, aged about 38
years, at at present employed as Casual/Labour (MTS) in
the office of Income Tax Office, Bhilwara.
9. Jitendra Singh Rajput son of Ratan Singh Rajput, aged
about 42 years, at at present employed as Casual/Labour
(MTS) in the office of Income Tax Office, Bhilwara.
Address for correspondence:
26
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C/o Vishram Bairwa s/o Sh. Ram Sahai Bairwa Jain, Marble Ki
Gali, Kanwa Khera, Bhilwara- 311001 (Rajasthan).
......Applicants
Versus
1. Union of India through Secretary to Govt. of India, Ministry
of Finance, Department of Revenue, North Block, New Delhi.
110 001.
2. The Chairman, Central Board of Direct Taxes, Deptt. of
Revenue, Ministry of Finance, North Block, New Delhi-
110002.
3. The Chief Commissioner of Income Tax, Central Revenue
Building, Bagwan Dass Road, C Scheme, Jaipur-302-006.
4. The Secretary to Govt. of India Ministry of Personnel, Public
Grievances and Pensions Deptt. of Personnel and Training,
New Delhi-110 001
.........Respondents
20. Original Application No. 290 /00177/2022
1. Vinod Kumar Vyas S/o Shri Gopi Lal Vyas, aged about 32
years, resident of Village-Mandawar, Post- Bhana via
Kankroli, Distt- Rajsamand- 313341, (M:7891482121), at
present employed as Causal Date Entry Operator (DEO)
(MTS), in the office of ITO Rajsamand under Pr. CIT,
Udaipur-313001.
2. Devendra Kumar Purbia S/o Shri Chandra Purbia, aged
about 34 years, Resident of Village-Nandoli, Rajsamand-
313324, (M:7891482121),at present employed as Causal
Date Entry Operator (DEO) (MTS), in the office of ITO
Rajsamand under Pr. CIT, Udaipur-313001.
......Applicants
Versus
1. Union of India through Secretary to Govt. of India, Ministry
of Finance, Deptt. of Revenue, North Block, New Delhi.
2. Principal Chief Commissioner of Income Tax, C R Building,
Statute Circle, B D Road, Jaipur.
27
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290/00262/2020 & connected matters
3. Chief Commissioner of Income Tax, Aaykar Bhawan, Sub
city Centre, Savina, Udaipur. 313001.
4. The Secretary to Govt. of India Ministry of Personnel, Public
Grievances and Pensions Deptt. of Personnel and Training,
New Delhi-110 001
.........Respondents
21. Original Application No. 290 /00036/2023
Kanhaiya Lal Dangi S/o Late Shri HakmajiDangi, aged above
46 year, resident of Village- Bhanwarasia, Post- Daroli,
Udaipur-313022 (M: 9413474249), presently working as
Causal Peon (MTS), in the officer of ITO Ward-2(1), Aaykar
Bhawan, Sub-city Center, Savina, Udaipur.
......Applicants
Versus
1. Union of India through Secretary to Govt. of India, Ministry
of Finance, Deptt. of Revenue, North Block, New Delhi-110
001.
2. Principal Chief Commissioner of Income Tax, C R Building,
Statute Circle, B D Road, Jaipur-302006.
3. Chief Commissioner of Income Tax, Aaykar Bhawan, Sub
city Centre, Savina, Udaipur.313001.
4. The Secretary to Govt. of India Ministry of Personnel,
Public Grievances and Pensions Deptt. of Personnel and
Training, New Delhi-110 001
.........Respondents
Applicants through Advocates : Mr J.K. Mishra & Mr Ajay
Kumar Kaushik.
Respondents through Advocate : Mr Sunil Bhandari.
28
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ORDER
Being aggrieved with the action of the respondents in not regularizing their engagement as casual workers, the applicants have preferred these original applications.
Since facts and law involved in these OAs are common, the same are being disposed of by a common order. The facts of OA No. 262/2020 may be referred to decide the common question involving all these OAs.
2.1 The applicants were initially engaged as casual/daily paid workers as Computer/Data Entry Operator, Peon, Driver, Sweeper, Cook etc under various offices of CCIT, Udaipur on various dates. The name of the workers, their educational qualification, post, date of engagement and current working office has been mentioned in the Schedule-I attached to the OA.
2.2 It is the case of the applicants that they have rendered more than 10 years' service and are entitled for regularisation in terms of the verdict of Hon'ble Supreme Court in the matter of Secretary, State of Karnataka And ...vs Uma Devi & Ors, 2006 (4) SCC 1 and in the matter of Narendra Kumar Tiwari vs State of Jharkhand, 2018 (8) SCC 238. Referring DoP&T OM No. 49014/2/86 Estt.(C) dated 7th June, 1988, it is also the case of the applicants that the respondents neither adhered to the provisions of the above OM nor followed the judgment of Hon'ble Supreme Court rendered in Uma Devi's case (supra). The request for regularization came to be rejected because correct 29 Reportable 290/00262/2020 & connected matters information was not furnished to the DoP&T. A patently wrong information was submitted to the higher authorities that the casual labour were not employed against the sanctioned posts and were employed only against casual or seasonal work. Some of the casual labour are being utilised against the post of higher work and being paid for MTS post. The applicants and many other similarly situated persons employed under Pr. CCIT Jodhpur filed OAs before this tribunal as well as at Jaipur Bench for grant of temporary status from the date they completed 240/206 days in the preceding one year. OA No. 244/2019 was filed before Jaipur Bench of the tribunal which was disposed of without going into merits on 27.09.2019 at admission stage, wherein, the respondents were directed to pass reasoned and speaking order treating their OA as representation keeping in mind judgment rendered by Hyderabad Bench in OA No. 613/2011 on 26.07.2020 as well as other relevant judgments of Hon'ble Supreme Court. Pursuant to the directions issued in the said OA, Pr.CCIT, Jaipur vide order dated 24.01.2020 (Annex. A/1), rejected the claim made by casual workers for grant of temporary status, which is impugned herein.
2.3 The applicants have relied on the judgment of Hon'ble High Court of Madras passed in the matter of Union of India vs Smt. S. Rita Mary, W.P. No. 16733/2009 on 19.07.2011. In this judgment, Hon'ble High Court directed the DoP&T to frame a similar Scheme like that of framed vide DoP&T OM dated 10.09.1993 (one time regularisation scheme) to provide an 30 Reportable 290/00262/2020 & connected matters opportunity of regular entry to the parties to the writ petitions.
2.4 It is the case of the applicants that, office of Pr. Chief Commissioner of GST and Central Excise, Tamil Nadu and Puducherry under Ministry of Finance, Department of Revenue vide order no. 13/2020 dated 10.02.2020 granted concurrence for the "Part-Time Casual Labourers (Regularization) Scheme of CBIC 2020" [hereinafter referred to as Regularization Scheme of CBIC 2020]. This Scheme was one time Scheme and was applicable to the petitioners/respondents and part-time casual labourers in CP No. 207/2019 in WP No. 16733/2009, 16889/2009, 11492/2006, 18969/2006 and in CP No. 1402/2019 in WP No. 20664/2011, who fulfil the following eligibility criteria :
i. 10 years continuous engagement as Part-time Casual Labourer in concerned Department as on 19.07.2011 (date of Hon'ble High Court's order) ii. Possessing education and other qualifications as per Recruitment Rules of Group 'C' post against which the Part-time Casual Labourers are considered for regularization.
iii. Should not exceed the age of requirement prescribed for the post in the Recruitment Rules of the post against which the regularization is considered on the date of initial engagement by the concerned department.
2.5 It is the grievance of the applicants that they are employed in the Income Tax Department under the Department of Revenue and individuals in the case of Smt. S. 31 Reportable 290/00262/2020 & connected matters Rita Mary (supra) belonged to a sister organization under the Deptt. of Revenue in the office of Pr. Commissioner of GST and Central Excise Tamil Nadu and Pondicherry. The Regularization Scheme of CBIC 2020 has been made applicable only to the parties to the litigation. The applicants are similarly situated persons and have been working for a long time. They could not get the benefits of temporary status or regularization in absence of any such Scheme as has been implemented in that case in the office under the same Department of Revenue. Subsequent to the Scheme of 1993, similar scheme, i.e. Rajya Sabha Secretariat Casual Labourers (Grant of Temporary Status) Scheme 2017 was framed whereby many casual labourers were granted temporary status vide letter dated 10.07.2017 (Annex. A/9).
2.6 It is further the case of the applicant that Hon'ble Supreme Court in its judgment dated 3rd August, 2010 in the case of State of Karnataka & Ors vs M.L. Kesari & Ors, 2010 (9) SCC 247 has directed to regularise the casual labour who fulfilled the condition provided in Uma Devi's case (supra). To substantiate their claim for regularization, the applicants have also referred to Office Order dated 28.08.2020 (Annex. A/10) whereby the office of Chief Commissioner of Income Tax, NWR, Chandigarh constituted a committee on the issue related to regularization of left over casual labourers and granting them temporary status. It is the grievance of the applicants, that despite working for a long time, they have not acquired any status in service. The judgment of Hon'ble Madras High Court in the 32 Reportable 290/00262/2020 & connected matters matter of Smt. S. Rita Mary is a judgment in rem, as a policy was framed which ought to have governed all the similar cases for which either scheme is not in existence. It is further averred that there cannot be separate classification for the persons who approached the Court and those who were not party in litigation. The applicants are doing the same work as done by regular workers and are being paid 1/30th of the pay at the minimum of the time scale of pay of Group 'D' staff plus dearness allowance as per OM dated 07.06.1988. Due to shortage of regular staff they are employed against a regular nature of work. It is incumbent upon the respondents to have reviewed the workload and considered the regularization.
Keeping the applicants as casual labour for an indefinite period is ex-facie illegal, discriminatory and falls under the category of unfair labour practice.
2.7 With the above case, by way of filing the instant joint application, the applicants approached this tribunal to quash and set aside an order dated 24.01.2020 (Annex. A/1) whereby, the claim of the applicants for regularization was rejected. The applicants have also prayed for direction against the respondents to frame similar casual labour regularization scheme as framed for part time casual labour pursuant to directions issued in the matter of Smt. S. Rita Mary (supra) rendered by Hon'ble Madras High Court and to extend similar benefits.
2.8 As per reply filed by the respondents, the instant OA is barred by the principles of constructive res judicata as various 33 Reportable 290/00262/2020 & connected matters casual workers including the applicants had earlier filed different Original Applications before this tribunal challenging the policy of outsourcing the work being done by the respondents and for regularization of their service. However, the prayer for regularization was not pressed and abandoned which is apparent from the order dated 29.10.2012 passed by this bench in a bunch of applications. The applicants filed yet another OA No. 292/2017 before this bench seeking regularization of their services which came to be withdrawn by the applicants vide order dated 15.10.2020. In view of this, the applicants cannot be permitted to again agitate the same cause which has already been abandoned/withdrawn by them without seeking liberty to raise the same.
2.9 The respondents have already completed the process of regularization in compliance of the judgment passed by Hon'ble Supreme Court in Uma Devi's case (supra) and did not find any of the candidates eligible for regularization. After examining and verifying records of the candidates, it was categorically held by the screening committee that on 10.04.2006, the applicants have not rendered 10 years or more continuous services in the department as daily wagers on duly sanctioned posts. Review committee was also constituted and arrived at the same findings. The applicants had utterly failed to show 10 years or more of continuous service on sanctioned post as on 10.04.2006 so as to claim regularization. It is further averred that vide notification dated 17.01.2011, the Income Tax Department (Group D) Recruitment Rules, 2003 have been superseded by the 34 Reportable 290/00262/2020 & connected matters Income Tax Department (MTS) Recruitment Rules, 2010. All the Group D posts have been abolished and posts of MTS have been created which is a Group C post. Appointment on the said post is made 100% by direct recruitment through Staff Selection Commission (SSC). The applicants cannot claim issuance of any mandamus to the Government to formulate a particular scheme. Framing of any scheme is the sole prerogative of the Government. Thus, directions sought for in the present OA cannot be accorded to the applicants. It is a settled proposition of law that regularization can only be as per the regularization policy/scheme declared by the Government and nobody can claim the regularization as a matter of right dehors the regularization policy/scheme. It is further averred that after coming into force MTS Recruitment Rules, 2010, the recruitment to the post of MTS can only be made in accordance with the said rules and not otherwise. The Hon'ble Rajasthan High Court, Jodhpur in the order dated 19.03.2015 had even held that replacing the casual workers by way of outsourcing is not feasible but then the regular recruitment by the respondents was held to be permissible. The respondents while highlighting the directions issued by the Hon'ble Supreme Court in Uma Devi's case (supra) averred that the applicants were not found eligible for regularization in terms of the above judgment. Contradicting the claim of the applicants, the respondents prayed to disallow the OA.
2.10 The applicants filed rejoinder reiterating their stand as taken in the OA.
35Reportable 290/00262/2020 & connected matters
3. Heard learned counsel for the parties and perused the material available on record. Learned counsel for the applicant has also filed written arguments.
4. As per contention of learned counsel for the applicant, in the first round of litigation, some of the applicants approached this tribunal against their termination and outsourcing work assigned to them. In view of this, they did not press their prayer for regularization. In view of the above, the doctrine of res-judicata is not applicable.
It is further the case of the applicants that, they have rendered more than 10 years' of service as on cut off date of 10.04.2006 for regularization. Verdict in Uma Devi's case (supra) was diluted in the judgment rendered by Hon'ble Supreme Court in the matter of Narendra Kumar Tiwari vs State of Jharkhand, 2018 (8) SCC 238. Relying upon judgment rendered in Narendra Kumar Tiwari's case (supra), it is contended that the coordinate bench at Bangalore in OA No. 592/2019 [M.P. Krishna & Ors vs Union of India & Ors] alongwith bunch cases, while allowing the Original Applications issued directions to consider the cases of applicants therein for regularization. It is further contended that, the starting point for service in the Central Government is MTS, which is now Group 'C' service, therefore, the provisions of various schemes of erstwhile Group 'D' posts is fully applicable to MTS post. While relying upon the judgment passed by Hon'ble Supreme Court in the matter of State of Karnataka & Ors vs M.L. Kesari & Ors, 2010 (9) SCC 247, it is contended that, the applicants are also entitled for one time 36 Reportable 290/00262/2020 & connected matters scheme. Learned counsel for the applicants also relied upon the judgment rendered by Hon'ble Rajasthan High Court in the matter of Jai narain Vyas University, Jodhpur through its Registrar & Anr vs Mukesh Sharma, D.B. Spl. Appeal No. 347/2019 decided on 13.08.2021. It is further contended that some of the applicants do not possess educational qualification prescribed for the post of MTS which issue has been answered by the Hon'ble Supreme Court in M.L. Kesari's case (supra) in the following manner:
"...It is needless to say that if the respondents do not fulfill the requirements of Para 53 of Umadevi, their services need not be regularised. If the employees who have completed ten years service do not possess the educational qualifications prescribed for the post, at the time of their appointment, they may be considered for regularization in suitable lower posts..... "
It is further contended that, the DoPT framed separate regularization policy for the part time casual workers only for those candidates who went into the litigation. They were all part time workers and framing of regularization policy only for those candidates who went into litigation would show discrimination being practised by the respondents. Learned counsel for the applicant also relied upon the judgment of Hon'ble High Court of Tripura at Agartala rendered in the matter of Sri Basudeb Debnath & Ors vs Union of India & Ors, WP (C) No. 1162/2018 decided on 09.03.2021.
Learned counsel for the applicant prayed to quash and set aside the order dated 24.01.2020 passed by the 37 Reportable 290/00262/2020 & connected matters respondents deciding representation of the applicants for grant of temporary status and prayed to allow the OA.
5. On the contrary, learned counsel for the respondents, contradicting the claim of the applicants, contended that, since the applicants have not completed more than 10 years' engagement on sanctioned post as on 10.04.2006, they are not entitled to be regularized. The applicants have misconstrued the judgment passed by Hon'ble Supreme Court in Narendra Kumar Tiwari's case (supra) and M.L. Kesari's case (supra). In the above judgments, the persons not fulfilling the criteria of 10 years' continuous engagement were not held eligible to be regularized as on 10.04.2006. It is further contended that, this tribunal cannot issue directions to the respondents to frame any scheme for regularization. The prayer of regularization is also barred by the principles of constructive res-judicata. The applicants had raised the issue of regularization in the previous round of litigation but withdrawn/abandoned the same without reserving their right to raise this issue again, therefore, they are now estopped from raising it again in the instant OA. He thus prayed to disallow the instant OA.
In support of his arguments, learned counsel for the respondents relied upon the following judgments :
(i) OA No. 81/2012 & bunch cases, decided on 12.03.2013 by CAT Jaipur Bench, Jaipur;
(ii) OA No. 17/2012 & bunch cases, decided on 29.10.2012 by CAT Jodhpur Bench, Jodhpur;38
Reportable 290/00262/2020 & connected matters
(iii) Hanuman Singh & Ors vs Board of Revenue & Ors, AIR 2002 Raj 365;
(iv) Union of India & Ors vs Jeevan Singh Gehlot & Ors & connected writ petitions decided on 19.03.2015 by Hon'ble Rajasthan High Court;
(v) Union of India & Ors vs Air Commodore NK Sharma (17038) ADM/LGL, (2024) AIR (SC) 182;
(vi) Union of India & Ors vs Ilmo Devi & Anr, (2022) AIR (SC) Civil
327.
6. Having regard to the submissions made by learned counsel for the parties and material available on record, the main question before this tribunal is whether casual/part time workers who did not complete ten years' continuous engagement as on cut off date of 10.04.2006 are liable to be regularized if they completed their term of continuous engagement for 10 years afterwards?
To get the answer to the above main question, this tribunal is required to go into the various judgments passed by Hon'ble Supreme Court and other Hon'ble Courts.
In Uma Devi's case (supra), Hon'ble Supreme Court strongly deprecated the practice of engaging casual workers in Government organization/corporation continuing for a long period of time and thereafter regularizing them. The Hon'ble Supreme Court observed as under:
"...unless the appointment is in terms of the relevant rules and after a proper competition among qualified persons, the same would not confer any right on the appointee..."39
Reportable 290/00262/2020 & connected matters It was further held that "...a regular appointment could be made only by making appointments consistent with the requirements of Articles 14 and 16 of the Constitution. The right to be treated equally with the other employees employed on daily wages, cannot be extended to a claim for equal treatment with those who were regularly employed. That would be treating unequals as equals. It cannot also be relied on to claim a right to be absorbed in service even though they have never been selected in terms of relevant recruitment rules......." The Hon'ble Supreme Court in para 53 [SCC] of the above judgment observed as under:
"53. One aspect needs to be clarified. There may be cases where irregular appointments (not illegal appointments) as explained in S.V. NARAYANAPPA (supra), R.N. NANJUNDAPPA (supra), and B.N. NAGARAJAN (supra), and referred to in paragraph 15 above, of duly qualified persons in duly sanctioned vacant posts might have been made and the employees have continued to work for ten years or more but without the intervention of orders of courts or of tribunals. The question of regularization of the services of such employees may have to be considered on merits in the light of the principles settled by this Court in the cases above referred to and in the light of this judgment. In that context, the Union of India, the State Governments and their instrumentalities should take steps to regularize as a one time measure, the services of such irregularly appointed, who have worked for ten years or more in duly sanctioned posts but not under cover of orders of courts or of tribunals and should further ensure that regular recruitments are undertaken to fill those vacant sanctioned posts that require to be filled up, in cases where temporary employees or daily wagers are being now employed. The process must be set in motion within six months from this date. We also clarify that regularization, if any already made, but not subjudice, need not be reopened based on this judgment, but there should be no further by-passing of the constitutional requirement and regularizing or making permanent, those not duly appointed as per the constitutional scheme."40
Reportable 290/00262/2020 & connected matters The judgment in Uma Devi's case (supra) was further explained in M.L. Kesari's case (supra) wherein in para 11 of the judgment observed as under:
....The true effect of the direction is that all persons who have worked for more than ten years as on 10.4.2006 (the date of decision in Umadevi) without the protection of any interim order of any court or tribunal, in vacant posts, possessing the requisite qualification, are entitled to be considered for regularization. The fact that the employer has not undertaken such exercise of regularization within six months of the decision in Umadevi or that such exercise was undertaken only in regard to a limited few, will not disentitle such employees, the right to be considered for regularization in terms of the above directions in Umadevi as a one-time measure.
In Narendra Kumar Tiwari's case (supra), the Jharkhand State Government engaged some contractual workers after passing of the judgment in Uma Devi's case (supra). They prayed for regularization Hon'ble Supreme Court while allowing their prayer observed as under :
"The purpose and intent of the decision in Umadevi (3) was therefore two- fold, namely, to prevent irregular or illegal appointments in the future and secondly, to confer a benefit on those who had been irregularly appointed in the past. The fact that the State of Jharkhand continued with the irregular appointments for almost a decade after the decision in Umadevi (3) is a clear indication that it believes that it was all right to continue with irregular appointments, and whenever required, terminate the services of the irregularly appointed employees on the ground that they were irregularly appointed. This is nothing but a form of exploitation of the employees by not giving them the benefits of regularisation and by placing the sword of Damocles over their head. This is precisely what Umadevi (3) and Kesari sought to avoid."
Above three judgments were referred to by Hon'ble High Court of Tripura at Agartala in Sri Basudeb Debnath's case (supra). The Hon'ble High Court while disposing of the writ 41 Reportable 290/00262/2020 & connected matters petition directed the respondents to form a committee to consider the cases of all petitioners for regularization who fulfilled the following conditions:
(i) Those petitioners who held necessary educational qualifications at the time of their initial engagement;
(ii) They had completed more than 10 years of engagement before the High Court for the first time granted them protection against termination.
After perusing above judgments, it emerges that the condition of 10 years' continuous engagement has not been dispensed with by Hon'ble Supreme Court in M.L. Kesari's case (supra). While interpreting the directions issued in Uma Devi's case (supra), it was observed that the true effect of the direction is that all persons who have worked for more than ten years as on 10.4.2006 (the date of decision in Umadevi), without the protection of any interim order of any court or tribunal, on the vacant posts possessing the requisite qualification, are entitled to be considered for regularization. In Narendra Kumar Tiwari's case (supra), the law propounded by the constitutional bench of supreme court in the matter of Umadevi has not been discussed or explained.
After perusing Schedule to the OA, wherein, particulars of the applicants with regard to their date of initial engagement and qualifications have been mentioned, this tribunal notes that they were engaged between the period 1999 to 2008 and did not fulfil the requirement of completion 42 Reportable 290/00262/2020 & connected matters of ten years continuous engagement as on 10.4.2006 (the date of decision in Umadevi's case). In view of the clear cut direction of the constitution bench of Hon'ble Supreme Court in Uma Devi's case (supra), the claim of the applicant for regularization is apparently not tenable. It is the contention of learned counsel for the applicant that direction made in Uma Devi's case (supra) has been diluted after passing of the judgment in M.L. Kesari's case (supra). In M.L. Kesari's case (supra), the Hon'ble Supreme Court held that, the fact that the employer has not undertaken such exercise of regularization within six months of the decision in Umadevi or that such exercise was undertaken only in regard to a limited few, will not disentitle such employees, the right to be considered for regularization in terms of the above directions in Umadevi as a one-time measure. In view of the above observations of Hon'ble Supreme Court in M.L. Kesari's case (supra), it emerges that the condition of continuous engagement for ten years as on 10.04.2006, i.e. the date of passing of judgment in Uma Devi's case (supra), has not been dispensed with. Hon'ble Supreme Court made it clear that if exercise of regularization is not undertaken within stipulated time as directed in the matter of Uma Devi's, then their case may be considered beyond the period of six months. However, this judgment did not extend the period beyond 10.04.2006 with regard to completion of ten years continuous engagement. In other words, the Hon'ble Supreme Court never said in this judgment that persons not completing ten years continuous engagement at any time after passing of 43 Reportable 290/00262/2020 & connected matters judgment in Uma Devi's case are also entitled to get benefit of judgment in Uma Devi's case as one time measure.
So far as the judgment passed by Hon'ble Supreme Court in Narendra Kumar Tiwari's matter (supra) is concerned, it is true that in that judgment Hon'ble Supreme Court directed the respondents to consider the case of the petitioner for regularization. This tribunal is of the opinion that the above direction of Hon'ble Supreme Court cannot be a precedent in view of law propounded in the judgment delivered by the Constitution Bench in Uma Devi's case (supra). The principles laid down by the Constitution Bench of Hon'ble Supreme Court in Uma Devi's case are still in existence and has further been explained by Hon'ble Supreme Court in M.L. Kesari's case (supra), therefore, this tribunal is not required to pass similar directions as given in the matter of Narendra Kumar Tiwari's case (supra). The Hon'ble Supreme Court in Narendra Kumar Tiwari's case (supra) passed the order in the facts and circumstances of that case after observing the manner of functioning of the State of Jharkhand.
In view of the above this tribunal is of the opinion that the daily wagers who did not complete ten years of their engagement against sanctions post are not entitled for regularisation. The judgment of constitutional bench of Hon'ble Supreme Court in the matter of Uma Devi still holds the field, therefore, has binding force.
The prayer for regularisation is also not maintainable for the reason that this is the third time when such prayer was 44 Reportable 290/00262/2020 & connected matters made by some of the applicants. In the first and second round of litigation, prayer for regularisation was made but as noted above, this prayer was abandoned in first OA whereas second OA was withdrawn without reserving their right to raise this issue at subsequent stage. In the absence of seeking liberty to raise again the issue of regularisation again at the subsequent stage, the applicants are not entitled to raise this issue again by way of filing these OAs.
So far as the prayer to issue direction to the respondents to frame policy for regularization as framed for the part-time casual labour pursuant of the judgment of Hon'ble Madras High Court's judgment in Smt. S. Rita Mary (supra) is concerned, keeping in view the judgments passed by Hon'ble Supreme Court in Uma Devi's case, it would be against the law to make any direction with regard to regularization. This issue has already been settled by the Constitution Bench of Hon'ble Supreme Court. Apart from this, this tribunal has no powers to issue such directions.
It is also relevant to mention here that the instant OA has been filed without first submitting any representation seeking relief of regularisation and for framing policy in this regard. Thus OAs are not tenable.
7. In view of the above discussions, all these OAs are dismissed with no orders as to costs.
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8. Office is directed to place certified copies of this order in each case file.
(Rameshwar Vyas) MEMBER (J) ss