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2026 Supreme(Online)(CAT) 579
CENTRAL ADMINISTRATIVE TRIBUNAL
Narendra Kumar Johari, J, Kumar Rajesh Chandra, A
Sheo Baran Ram – Appellant
Versus
Union of India – Respondent
OA/051/00185/2020
For the Appellants/Petitioners:Mrs. M.M. Pal, Sr. Advocate
For the Respondents: Shri Vinod Kumar Sahu
Casual labourers not entitled to regularization without proof of valid engagement, qualifications, and sanctioned vacancies per Uma Devi principles.
Headnote:First Paragraph: Relevant DoPT guidelines and Supreme Court judgments in Uma Devi case govern regularization of casual labourers. Applicants engaged in 1996/1997 as casual workers in Income Tax offices sought quashing of rejection order dated 01.04.2019 and regularization with temporary status, claiming continuous service over 20 years and parity with juniors. Court found no evidence of engagement through Employment Exchange, lack of educational qualifications, and non-performance against sanctioned vacancies, rejecting claims of discrimination and suitability for regularization. Second Paragraph: Key issue framed as entitlement to regularization despite rejection order, considering long service and parity. Ratio emphasizes strict adherence to Uma Devi principles distinguishing illegal/irregular appointments; court observed applicants not suitable, unauthenticated documents inadmissible, and prior compliance with CAT orders in related OAs. Third Paragraph: OA dismissed being devoid of any merit.
| Table of Content |
|---|
| 1. applicants seek quashing of rejection and regularization. (Para 1 , 2) |
| 2. respondents defend rejection per dopt and uma devi. (Para 3 , 4) |
| 3. court reviews arguments and cited precedents. (Para 5 , 6 , 7 , 8) |
| 4. rejects claims due to lack of evidence and suitability. (Para 9) |
| 5. dismisses oa for lack of merit. (Para 10) |
O R D E R
1.Per Kumar Rajesh Chandra, A.M.:- This OA has been filed by the applicants seeking the following relief:-
“(a) The rejection order dt.1st April, 2019 passed by the Respondent No. (Ann-A/6) be quashed.
(b) The Respondents be directed not to give effect to the rejection order dt.01.04.2019 & to reconsider the case of the petitioners for regularization w.e.f. the date when their juniors have been regularized and to confer all consequential benefits thereon.
(c) Declare the action of the Respondents in not considering the case of these petitioners for regularization & for temporary status is illegal, arbitrary, malafide & discriminatory.
(d) The Respondents be directed to extend the benefits of regularisation at par with the similarly situated persons namely Ajit Kumar Ojha & Others & at par with the petitioners in OA No. 3117 of 2017 & to grant benefits thereon within a stipulated period.
(e) The Respondents be directed to confer temporary status w.e.f. date of their initial engagement by the Dept. and to extend all the consequential benefits thereon at par with the same and similarly situated persons.
(f) Any other relief or reliefs for which the applicant is entitled to. ”
2. The brief facts of the case, as per the applicants, are as follows:-
(i) All the applicants were initially appointed through Employment Exchange as casual labourers in the year 1996/1997 and since then all are in continuous services without any break and all are presently working on casual basis in the office of the Respondents at Ranchi and Hazaribagh under the Central Range-III, Ranchi and under the cadre Controlling Authority, i.e. CCIT (CCA), Patna. The applicants have given details of their date of engagement in 1996/1997 and total period of service as 23/24 years in Annexure –A/1 of the OA.
(ii) It is contended that the applicants are in continuous service without any break and from time to time they made representations for their temporary status as also for regularization but no reply except assurance was given. However, they were given the 5th and 6th CPC financial upgradations w.e.f. 01.03.2022 and 01.07.2008 respectively. In the 7th CPC they were granted pay of Rs. 18,000/-+DA, as Group D (now MTS).
(iii) According to the applicants, they along with many casual labourers raised their demand for regularization and afterwards in compliance of direction of Commissioner of Income Tax, Jamshedpur dated 06.02.2003.A list of such 327 casual workers including their details, place of posting was prepared by the office of respondent no. 3 for necessary action by respondent no. 2. The applicants were named in the said list. The applicants have submitted that vide several office orders including order dated 30.01.2009, 22.09.2009 and 20.08.2010 issued by the Chief Commissioner of Income Tax of different regions several such casual workers at par with these applicants were regularized.
(iv) It is further submitted thatvide letter dated 22.02.2010 (Annexure A/2) the Commissioner of Income Tax, Dhanbad sent a list of Daily Wager Workers who worked under the Bihar & Jharkhand Region, Patna to the Chief Commissioner of Income Tax (CCA) for consideration of their cases for regularization where applicants’ name also figure. Similarly, all desired information as required vide letter dated 20.07.2011 issued by Director of Income Tax (HR) for regularization of casual labourers without temporary status consequent upon the judgment of Hon’ble Apex Court in the case of Secretary, State of Karnataka &Ors. Vrs. Uma Devi was sent by all regions for their regularisation.
(iv) The applicants have further submitted that when the matter for regulari
