CENTRAL ADMINISTRATIVE TRIBUNAL CHANDIGARH BENCH O.A.No. 063/1030/2019 Circuit Bench at Shimla, the 15 th day of May, 2025 CORAM:

HON’BLE SHRI RAMESH SINGH THAKUR, MEMBER (J)

HON’BLE MRS. ANJALI BHAWRA, MEMBER (A) 1. Raj Kumar s/o Shri Sohan Lal, Casual worker, Sweeper,a

2. Aklesh Sood s/o Shri Des Raj Sood, Casual worker, Peon-cum-

Wateman

3. Nandi Ram s/o Shri Charan Dass, Casual worker, Peon-cum-Waterman

4. Parkash Chand s/o Shri Narainu Ram, Casual worker, Peon-cum-Mall

5.AshwaniKumar s/o Shri Udhi Ram, Casual worker, Peon-cum-Chowkidar

6.Smt.Sharda Devi wd/o late Shri Prem Singh, Casual worker, Peon-cum-Water Woman.

At present working in the office of Chief Commissioner of Income Tax, Railway Board Building, Shimla-171003. (Group "D)

7.Shri Veg Ram s/o ShriSesh Ram, Casual worker, Peon-cum-Chowkidar 8.Rajinder Kuamr s/o Shri Jathu Ram, Casual worker, Peon-cum-Chowkidar

9.Bhuvneshwar Kumar s/o Shri Daya Ram, Casual Worker, Peon-cum-Chowkidar

10. Vijay Kumar s/o Shri Ram Lal, Casual worker, Peon-cum-Sweeper At present working in the office of Pr..Commissioner of Income Tax, Railway Board Building, Shimla-171003 (Group "D").

11. Bidhi Chand s/o Shri Daya Ram, Casual worker, Peon-cum-Waterman

12.Prem Chand s/o late Shri Sunder Ram, Casual worker, Peon-cum-Waterman

13. Kamlesh Kumar s/o Shri Tulsi Ram, Casual worker, Peon0cum-Cowkidar

14. Mohan Singh s/o late Shri Bhup Ram, Casual worker, Peon-cum-Waterman

15.Sham Lal s/o Shri Badri Dutt, Casual worker, Peon-cum-Waterman

16.Vinod Kumar s/o Shri Mast Ram, Casual worker, Peon-cum-Waterman At present working in the office of Addl..Commissioner of Income Tax, (Shimla Range), Railway Board Building, Shimla -171003 (Group "D).

...ApplicantS (By Advocate: Sh. R.P. Singh)

VERSUS

1. Union of India through its Secretary to the Govt. of India, Ministry of Finance, (Department of Expenditure), NewDelhi.171001.

2. Pr. Chief Commissioner of Income, North West Region, Ayakar Bhawan, Sector 17-E, Chandigarh-160017.

3. Chief Commissioner of Income Tax, H.P. Region, Shimla-171003.

4. Principal Commissioner of Income Tax, Shimla-171003.

…Respondent(s)

(By Advocate: Sh. Bharat Bhushan)

O R D E R

Per: RAMESH SINGH THAKUR, MEMBER (J):

1. The present Original Application has been filed under Section 19 of the Administrative Tribunals Act, 1985 seeking quashing of impugned order dated 26.03.2019 (Annexure A-1) whereby representations made by the applicants individually have been rejected. The applicants further seek directions to be issued to the respondents to consider the claim of the applicants for regularization of their services as Group ‘C’ category from the date of completing requisite continuous service of 10 years in the department.

2. Factual matrix of the case is as follows. The applicants were initially engaged as daily wagers in various capacities on different dates as listed in Annexure A-2 under Respondent No. 4. They have continuously served for more than ten years, rendering 206 days annually in a 5-day week system. In compliance with instructions of Respondent No. 2 dated 19.02.2001, the applicants were granted temporary status and were paid 1/30th of the minimum of the pay scale plus Dearness Allowance for 9½ hours a day (Annexure A-3). It is submitted by the applicants that pursuant to the directions of the Hon’ble Supreme Court in State of Karnataka and others Vs Uma Devi and others, 2006 (4) SCC 1 and DoPT OM dated 11.12.2006, a total of 144 daily wagers in the North West Region were regularized vide order dated 05.03.2010 (Annexure A-4). Among them, 27 workers were drawn from the same pool as the present applicants (Annexure A-5).

3. The applicants have placed reliance on judgment passed by Hon’ble Apex Court in CA No. 3168 of 2002 titled as Union of India v. Mohan Pal dated 29.04.2002, whereby it is clarified that the 1993 Casual Labourers (Grant of Temporary Status and Regularisation) Scheme is not ongoing, but protection has been extended to those persons who were already granted temporary status prior to