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2015 (6) TMI 258 - RAJASTHAN HIGH COURT

2015 (6) TMI 258 - RAJASTHAN HIGH COURT - TMI - Termination of service - Held that:- Government of India under the office memorandum dated 23.11.2005 desired to curtail unwarranted expenses and further emphasised not to regularise casual labourers, but that cannot be a reason to terminate the original applicants from service who are working on casual basis only and not claiming for regularisation of their service. The continuance of such employees shall in no case put any extra economic burden u .....

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The position would have been different if the petitioner would have been going to have regular recruitment against the posts occupied by the original applicants but that is not the case of the petitioner. The petitioner want to remove the original applicants from service just to have labour through contractor with a view to reduce expenditure but that object, as already stated, cannot be served as the applicants too are working on casual basis only. - Decided against Revenue. - DB Civil Writ Pet .....

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. Succinctly, facts of the case are that the Department of Income Tax employed the respondent original applicants on different posts such as Peon, Chowkidar, Safai Karamchari and Data Entry Operator on casual basis. On 5.5.2010 the Member Secretary in the office of Director General of Income Tax (Investigation), Jodhpur, invited tenders from service providers to supply personnels to serve as Peon, Chowkidar, Safai Karamchari and Date Entry Operator in the office of Director General, Income Tax ( .....

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mpugned restrained the petitioner respondent from removing the respondent original applicants from service by other substituted employee under any guise and cover. Being aggrieved by the same these petitions for writ are preferred by the Department of Income Tax. 3. It is stated by learned counsel for the petitioners that the Government of India under an office memorandum dated 23rd November, 2005 (F.No.7(2)/ E-Coord/ 2005) decided to introduce certain measures relating to budget/expenditure man .....

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urther orders. The intention for reducing unwarranted expenditure has further been emphasised by the Central Board of Direct Taxes, Department of Revenue, Ministry of Finance under a letter dated 4.7.2011 with assertion that in light of the judgment of Hon'ble Supreme Court in the case of Secretary, State of Karnataka & Ors. v. Uma Devi & Ors., (2006)4 SCC 1, hiring of casual workers and thereafter regularisation of them in service is not proper. It is further submitted that as per R .....

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reliance is also placed upon a judgment of M.P. High Court in WP No.1970/2014, decided on 7.10.2014 (Mahipal Singh v.; Union of India & Ors.). In the case aforesaid Hon'ble M.P. High Court while relying upon an earlier judgment given in the case of Laxmi Prasad Dubey & Ors. v. Union of India & Ors., decided on 11.2.2013 (WP No.22083/2012) dismissed the writ petitions preferred by the casual labourers working with Income Tax Department claiming regularisation in service. Accordin .....

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hem from service by employing other persons through service providers. It is asserted that the casual labourers are in employment of the petitioner respondent from last several years, therefore, their removal from service to employ other persons in the same capacity shall be unjust and arbitrary. 5. Heard learned counsels. 6. It is a fact admitted that the respondent original applicants are working with the department of Income Tax on casual basis from last several years. Though, by way filing o .....

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rvice providers. 7. True it is, the Government of India under the office memorandum dated 23.11.2005 desired to curtail unwarranted expenses and further emphasised not to regularise casual labourers, but that cannot be a reason to terminate the original applicants from service who are working on casual basis only and not claiming for regularisation of their service. The continuance of such employees shall in no case put any extra economic burden upon the employer. The persons who shall be employ .....

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