Union of India, The Central Board of Direct Taxes Department of Revenue, The Chief Commissioner of Income Tax and The Secretary Department of Personnel and Training vs Sri Lakshminarayana M. and Others

Mohan M. Shantana Goudar, J.—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 petitioners to reconsider the matter in accordance with law.

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., and the decision in the case of Secretary, State of Karnataka and Others Vs. Umadevi and Others, and other judgments on the said point. Accordingly the writ petition is allowed.