Court holds that consistent service of casual laborers may warrant regularization, despite changes in educational qualification requirements over time.

ORDER

PER: MR. SANTOSH MEHRA, MEMBER (A)

This Original Application has been filed under Section 19 of the Administrative Tribunals Act 1985 to seek the following reliefs:

“(i) In view of the facts and grounds enumerated above, it is most respectfully prayed that the respondents may be directed to consider the applicant for regularisation from the date she completed ten years' service, with all consequential benefits.,

(ii) Any other appropriate writ, order or direction, which may be considered just and proper in the facts and circumstances of the case, may be issued in favour of the Applicant.”

2. The facts in nutshell of this case as per learned counsel for the applicant are as follows:

(i) The applicant has been working as casual labour from 01.01.1991. She was granted temporary status from 13.06.2000. She completed continuous service of 31 years as casual labour in Income Tax Office, Panji. On completion of 10 years' continuous service itself as casual labour, she was eligible to be considered for regularization on the post of Multi-Tasking Staff (MTS). However, the respondents did not consider her name for regularization.

(ii) The Learned counsel for Applicant points out that the Hon'ble Supreme Court in its decision dated 01.08.2018 in Civil Appeal No. 7423-7429 of 2018 in the case Narendra Kumar Tiwari & Ors Vs. State of Jharkhand & Ors, observed that the Regularization Rules must be given a pragmatic interpretation and the appellants, if they have completed 10 years of service on the date of promulgation of the Regularization Rules, they ought to be given the benefit of the service rendered by them and they should be regularized.

(iii) According to the learned counsel for Applicant, the applicant with temporary status completed more than 10 years’ service and was therefore eligible for consideration for regularization. He placed reliance on the decision of the Hon'ble Supreme Court in its decision dated 13.03.2018 in Civil Appeal No. 2795- 2796/2018 in the case of Ravi Verma & Ors vs. Union of India & Ors where the Hon’ble Supreme Court directed that the casual labours of Income-tax Department, MP may be regularized from the date when they completed ten years’ service with all consequential benefits.

(iv) The learned counsel for Applicant also invited our attention to the order of this Hon'ble Tribunal dated 08.02.2021 in OA No. 592/2019 and 21 other similar OAs where the Tribunal had directed to consider the cases of the similarly placed casual labours for regularisation of their services from the dates when they completed 10 years' service, with all consequential benefits. Stating that Article 14, 16 and 19 of the Constitution of India refer to the Right of Equality & Equal treatment, the applicant should be accordingly given benefit of the Hon'ble Supreme Court decision dated 10.04.2006, 13.03.2018, 01.08.2018 and also decision of this Hon'ble Tribunal orders dated 08.02.2021 and accordingly her service should be regularized from the date when she completed 10 years' service with all consequential benefits.

3. The respondents have filed a detailed reply. The respondents have made following contentions:-

(i) The matter is hit by delays and latches. The cause of action arose when the Apex Court judgments (relied upon by the Applicant) were passed in 2006. The Applicant has failed to explain the undue delay in raising the issue before the appropriate Judicial authorities within the time specifi