CAT quashes ASI’s rejection order, says 30-years service can’t be disregarded
Srinagar, Feb 10: The Central Administrative Tribunal (CAT) in Srinagar has set aside an order rejecting regularization of services of casual labourers in Archaeological Survey of India (ASI), Srinagar Circle, saying they have served the department for thirty long years and their service cannot be disregarded at this belated stage.
A division bench comprising D S Mahara Member (J) and Anindo Majumdar Member (A) quashed the ASI’s “consideration order” of May 31, 2024 rejecting fifteen petitioners' claim for regularization. The rejection order was issued in pursuance of the directions issued by tribunal on July 18, 2022.
On July 18, the tribunal had directed the ASI to consider the case of the applicants in the light of the order dated 19-05-2022 passed by High Court in the case of the UoI and Ors Vs. Gh. Nabi Ahangar and Ors, if the applicants were similarly placed.
The fifteen aggrieved petitioners through their counsel submitted that the consideration order rejecting their claim for regularization was passed mechanically without application of mind.
They submitted that in keeping with order dated 19.05.2022, the respondents regularized similarly placed employees, whereas their claim had been unjustly rejected.
“It is a matter of record that the applicants have served a long and uninterrupted period of over three decades with the respondents, and this long period of regular service cannot be disregarded at this belated stage merely on the grounds that their initial appointment was contractual,” the Tribunal said while quashing the rejection order.
The Tribunal noted that the petitioners' “appointments may be irregular but their appointment is not illegal”. The Court observed that the argument, in the consideration order that the applicants lacked merit could not be accepted at this stage.
The Tribunal pointed out that the claim of the respondents (ASI) that the applicants were not appointed against a regular vacancy was contrary to the records. “As a matter of record, the applicants have been working with the respondent department for more than 30 years”, the tribunal said. “The recurring nature of their duties necessitates their classification as holding regular posts, regardless of the manner of their initial engagement”.
The court underscored that the continuous and regular functioning of the applicants within the respondent department was itself evident that their services were required, thereby strengthening their claim for regularization.
The Tribunal held that the respondents (ASI) have not raised any objections over the past thirty years regarding the applicants' competence or performance. “On the contrary the applicants have been allowed to serve uninterruptedly for three decades”, it said.
At this belated stage, the tribunal said, it would be unjust to contend that the applicants lack the necessary educational qualifications or were not engaged against a clear vacancy, especially when they have been performing their duties for such a long period. The Tribunal issued the directions while relying on a batch of judgements of the Supreme Court.
“In view of the law laid down by the Hon’ble Supreme Court in its latest judgments in the matters of Jaggo vs. Union of India & Ors. (2024 Supreme SC 1243), Vinod Kumar vs. Union of India & Ors. (2024(1) SCR 1230), and Pal & Anr. vs. Nagar Nigam, Ghaziabad (CA No. 8157/2024, decided on 31- 01-2025), the consideration order dated 31.05.2024 is set aside,” the Tribunal said.
Closing the contempt petition, the tribunal directed the ASI to reconsider the applicants' claim in light of the Supreme Court judgments and pass appropriate orders for regularization within two months from the date it issued the order.
