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Income Tax Appellate Tribunal, SANTHOSH COMPLEX, K G ROAD
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IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 29TH DAY OF NOVEMBER 2013 PRESENT THE HON’BLE MR.JUSTICE MOHAN.M. SHANTANAGOUDAR AND THE HON’BLE MR.JUSTICE K.N. PHANEENDRA WRIT PETITION No.9174/2012 (S-CAT)
BETWEEN:
1.UNION OF INDIA REPRESENTED BY THE SECRETARY MINISTRY OF FINANCE, DEPARTMENT OF REVENUE, NORTH BLOCK NEW DELHI-110 001
2.THE CENTRAL BOARD OF DIRECT TAXES DEPARTMENT OF REVENUE, MINISTRY OF FINANCE, GOVERNMENT OF INDIA NORTH BLOCK, NEW DELHI-110 001 BY ITS CHAIRMAN
3.THE CHIEF COMMISSIONER OF INCOME TAX QUEENS ROAD, C R BUILDING BANGALORE-560001
4.THE SECRETARY DEPARTMENT OF PERSONNEL & TRAINING NORTH BLOCK NEW DELHI-110 001
... PETITIONERS.
(BY SRI M VASUDEVA RAO, ADV.)
AND:
1.SRI LAKSHMINARAYANA M S/O MAYANNA AGED ABOUT 31 YEARS SWEEPER CUM WATCHMAN O/O THE COMMISSIONER OF INCOME TAX
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QUEENS ROAD, BANGALORE-560001
2.SRI SHIVA KUMAR S/O BORE GOWDA AGED ABOUT 36 YEARS SWEEPER CUM WATCHMAN O/O THE ADDL. COMMISSIONER OF INCOME TAX RANGE-2, HMT BUILDING, BELLARY ROAD NEAR MEKRI CIRCLE, BANGALORE
3.SRI M P KRISHNA S/O PUTTA SHETTY AGED ABOUT 37 YEARS SWEEPER CUM WATCHMAN O/O THE ADDL. COMMISSIONER OF INCOME TAX RANGE-5, UNITY BUILDING ANNEXE MISSION ROAD, BANGALORE
4.SRI ANDUL SAMEEL A S/O ABDUL BASHEER AGED ABOUT 36 YEARS SWEEPER CUM WATCHMAN O/O THE ADDL. COMMISSIONER OF INCOME TAX RANGE-2, HMT BUILDING, BELLARY ROAD NEAR MEKRI CIRCLE, BANGALORE
5.SRI MUNISWAMY A S/O ARMUGAM AGED ABOUT 40 YEARS SWEEPER CUM WATCHMAN O/O THE ADDL. COMMISSIONER OF INCOME TAX RANGE-11, RASHTROTHANA BUILDING NRUPATHUNGA ROAD, BANGALORE
6.SRI ANNADURAI R S/O RAJU GOUNDER AGED ABOUT 40 YEARS SWEEPER CUM WATCHMAN O/O THE ADDL. COMMISSIONER OF INCOME TAX RANGE-5, UNITY BUILDING ANNEXE MISSION ROAD, BANGALORE
7.SRI GANESH G S/O GANGAPPA AGED ABOUT 38 YEARS SWEEPER CUM WATCHMAN O/O THE ADDL. COMMISSIONER OF INCOME TAX RANGE-11, RASHTROTHANA BUILDING NRUPATHUNGA ROAD, BANGALORE
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8.SRI S RAMESH S/O SHIVANANJAIAH AGED ABOUT 35 YEARS SWEEPER CUM WATCHMAN O/O THE INCOME TAX APPELLATE TRIBUNAL SANTHOSH COMPLEX, K G ROAD BANGALORE
9.SRI DANIEL J A S/O AJEYARAJ AGED ABOUT 34 YEARS SWEEPER CUM WATCHMAN O/O THE ADDL. COMMISSIONER OF INCOME TAX RANGE-8, JEEVAN SAMPIGE BUILDING 3RD FLOOR, SAMPIGE ROAD, MALLESHWARAM
10.SHRI SHANTHARAJU K S/O KALAIAH AGED ABOUT 34 YEARS SWEEPER CUM WATCHMAN O/O THE ADDL. COMMISSIONER OF INCOME TAX QUEENS ROAD BANGALORE-560001
... RESPONDENTS
(BY SRI N G PHADKE, ADV. FOR C/R1-R10)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA WITH A PRAYER TO CALL FOR THE RECORDS AND QUASH THE IMPUGNED ORDER DTD.30.9.11 PASSED BY THE CENTRAL ADMINISTRATIVE TRIBUNAL, BANGALORE BENCH, BANGALORE IN OA NO.477/10 VIDE ANNEX-C.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, MOHAN .M. SHANTANAGOUDAR, J., MADE THE FOLLOWING: -
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ORDER
By the impugned order dated 30.9.2011 passed in O.A.No.477/2010, the Central Administrative Tribunal has directed the petitioners to regularize the services of the respondents within two months.
After hearing the learned counsels for both the parties, we find that the matter needs to be reconsidered by the petitioners. The matter relating to the regularization of the respondents needs to be reconsidered keeping in mind the various circulars issued by the Central Government. Therefore, we do not propose to comment anything on merits. If anything is commented upon by us, the same may prejudice either of the parties. It is for the petitioners to take decision in the matter of regularization of its employees, based on the fact situation, circulars issued by the Department and the judgments of the Apex Court. Thus in order to avoid any confusion and multiplicity of proceedings, we propose to direct the
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petitioners to reconsider the matter in accordance with law. 3. The impugned order stands quashed. Petitioners are directed to reconsider the prayer of the respondents in the matter of regularization of their services in accordance with law keeping in mind the various circulars issued by the Central Government on the subject, the material produced by the respondents before the Central Administrative Tribunal as well as before this Court. Reconsideration should be made as early as possible, but not later than four months from the date of this order keeping in mind all the judgments including the decision in the case of STATE OF GUJARAT AND OTHERS Vs. PWD EMPLOYEES UNION AND OTHERS ETC. reported in (2013-III-LLJ-665 (SC) and the decision in the case of SECRETARY, STATE OF KARNATAKA & OTHERS Vs. UMADEVI (3) AND OTHERS reported in (ILR 2006 KAR 2607) and other judgments on the said point.
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Accordingly the writ petition is allowed.
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JUDGE
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