UNION OF INDIA Vs. RAMAN KUMAR

JUDGEMENT

(1.) Both the writ applications are heard together because they arise out of common order dtd. 30/5/2014, passed in different OAs., but prima facie relating to the issue of regularization of the daily wagers, who have been working in the Income Tax Department at Patna or Jharkhand for more than ten years. The Department of Income Tax after the Constitution Bench decision rendered in the case of State of Karnataka Vs. Uma Devi set up a Committee to regularise the services of such eligible candidates as a one time measure. The Committee recommended cases of 65 casual labourers or daily-rated majdoors but only 35 of them, supposedly senior in rank,came to be regularised vide office order No. 62 of 2010-11 dtd. 20/8/2010 against vacancies of the year 2009-10. Those, who got left out or even otherwise who were claiming benefit of regularization, approached the Tribunal and after due deliberation the Tribunal passed the following direction :

(2.) The Income Tax Department has now filed the writ application aggrieved by the direction issued by the Tribunal.

(3.) The submission of the learned Assistant Solicitor General representing the Union of India is that after the new scheme or recruitment rule came into place in the year 2010 where the posts were converted under what is known as MTS (Multiple Tasking Staff) Scheme, any vacancy subsisting after coming of the said rule could not be filled up by any of these claimants, and, therefore, the Tribunal committed an error by giving a direction for reconsideration of the matter.