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2018 (3) TMI 2033

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..... ved by the judgments and orders passed by the High Court and the Central Administrative Tribunal (CAT). They have prayed for the regularization of their services. 4. The appellants were appointed as casual employees in the Income Tax Department in the year 1993-94 since then they were working continuously. On 30th January 2004 with respect to other similarly situated employees, temporary status was granted. The respondent no. 4 on 30th December 2004 recommended the case of the appellants for temporary status/ regularization. Again it was recommended for regularization on 14.06.2005. In the meantime, the decision in the State of Karnataka vs. Uma Devi (2006) 4 SCC 1 was pronounced by this Court, the same provided that the employees who had .....

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..... mum of regular pay scale of Group D employees with Dearness Allowance in accordance with DoPT Circular dated 31.05.2004 and in terms of the orders of CCIT dated 7.11.2007 and 6.12.2007 on conferral temporary of status on the employees. On 22.9.2009, Chief Commissioner, Income Tax, Kolkata also regularized 111 similarly situated casual employees and 17 employees on 15.10.1990 and Chief Commissioner, Income Tax, Lucknow regularized 59 similarly situated casual employees on 22.01.2010. There was further regularization of 35 employees of the office of Chief Commissioner, Income Tax, Patna on 20.08.2010. However, the claim of the appellants was rejected by respondent no.3 though they had served continuously for more than ten years and fulfill th .....

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..... f this judgment. In that context, the Union of India, the State Governments, and their instrumentalities should take steps to regularize as a one time measure, the services of such irregularly appointed, who have worked for ten years or more in duly sanctioned posts but not under cover of orders of the courts or of tribunals and should further ensure that regular recruitments are undertaken to fill those vacant sanctioned posts that require to be filled up, in cases where temporary employees or daily wagers are being now employed. The process must be set in motion within six months from this date. We also clarify that regularization, if any already made, but not subjudice, need not be reopened based on this judgment, but there should be no .....

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