ORDER

Per : Mr.K.V.EAPEN, ADMINISTRATIVE MEMBER O.A.No.180/176/2019 & O.A.No.180/177/2019 were disposed of by this Tribunal vide order dated 09.09.2020 with the following directions :

7.Heard Advocate Mr.Ravi K.Pariyarath appearing for the applicants in both the cases and Advocate Mr.C.P.Ravikumar,ACGSC appearing for the respondents in O.A.No.180/176/2019 and Advocate Mr.M.K.Padmanabhan Nair,ACGSC appearing for the respondents in O.A.No.180/177/2019 through video conferencing. It appears from the letter F.No.C-18013/25/2018-Ad.III(B) dated 8.5.2019 produced at Annexure R-1 in both the O.As that the department had sought the list/details of retired/expired Casual Labourers with temporary status who would have been otherwise eligible for regularization under DoPT's Scheme of 1993 ie., under DoPT's O.Ms dated 10.9.1993 and 6.6.2002. This has been issued after noticing that in a case relating to posthumous regularization of one CL-TS late Shri.Kathiresan, DoPT, Department of Expenditure and Department of Pension & Pensioners' Welfare have concurred with the proposal for posthumous regularization of late Shri.Kathiresan, who was granted temporary status with effect from 1.9.1993.

8.In light of the above developments, we direct that the Department may take immediate necessary steps to re-

examine the matter of regularization of the service of the applicants in the above O.As in the light of the facts and circumstances indicated in their letter F.No.C-18013/25/2018-

Ad.III(B) dated 8.5.2019. This exercise may be completed and a final decision taken in this regard within a period of three months from the date of receipt of a copy of this order.

9.With the above directions, the O.As stand disposed of. There shall be no order as to costs.

2.After this the applicant in O.A.No.180/177/2019 filed M.A.No.180/406/2021 and the applicant in O.A.No.180/176/2019 filed M.A.No.180/407/2021 to implement the order dated 09.09.2020 in the O.A. The responents then filed M.A.No.180/488/2021 in O.A.180/177/2019 and M.A.No.180/477/2021 in O.A.No.180/176/2019 to close the aforesaid M.As. It was submitted by them that in pursuance of the directions issued by this Tribunal the office of the Central Tax and Central Excise, Kochi has issued speaking orders on 30.07.2021, whereby the request of the applicants in the O.As for regularization of their services have been rejected.

3.In response to the M.As for closing the M.A.Nos.180/406/2021 and 180/407/2021, the applicants in the O.As have submitted identical replies that the respondent department without complying with the order passed in its true spirit have filed the M.As seeking closure of the implementation petitions which cannot be allowed. It is submitted that the order passed by this Tribunal was for directing the re-examination of the applicants claim in the O.As on the basis of Annexure R-1. Therefore the Orders of the Joint Commissioner produced rejecting the prayer of the applicants, without disclosing the steps taken based on Annexure R-1, cannot be taken as the compliance of the orders of the Tribunal in the two O.As. It is submitted that the Orders now produced are silent on the outcome of Annexure R-1. It is therefore submitted that it can be safely said that the orders passed are not in terms of the orders passed by this Tribunal and thus the M.As filed for closure are required to be rejected. The respondent department may be directed to implement the order passed in the O.A in its true spirit at the earliest.

4.We heard Shri.Ravi.K.Pariyarath, learned counsel for the applicants in the O.As, Shri.C.P.Ravikumar, learned counsel for the respondents in O.A.No.180/176/2019 and Shri.M.K.Padmanabhan Nair, learned counsel for the respondents in O.A.No.180/177/2019 via video conference. Our directions at Para 8 of the order dated 09.09.2020 were to the Department to take immediate necessary steps to re