SC Orders Regularization of Casual Income Tax Employees with Benefits, Citing Uma Devi Case on Long-Term Service.

The SC set aside the judgments of the HC and CAT, allowing the appeals of the appellants, casual employees in the Income Tax Department. The Court ordered the regularization of their services from July 1, 2006, with consequential benefits, citing the Uma Devi case, which mandates regularization for employees serving over ten years in sanctioned posts.

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Issues:
Regularization of services of casual employees in the Income Tax Department.

Analysis:
The appellants, who were casual employees in the Income Tax Department since 1993-94, sought regularization of their services, which were recommended multiple times for regularization/temporary status. The decision in State of Karnataka vs. Uma Devi (2006) 4 SCC 1 stated that employees serving continuously for ten years without court orders should be regularized as a one-time measure. The Government of India, based on Uma Devi, issued an Office Memorandum regarding regularization of qualified workers. Circulars were issued by Respondent No.1 for regularization of employees serving for ten years in line with Uma Devi. However, despite recommendations and similar regularization of other employees, the appellants' services were not regularized, leading to a claim rejection by Respondent No.3, even though they fulfilled the criteria for regularization.

The appellants filed an Original Application before the Central Administrative Tribunal (CAT), which was rejected. Information on vacancies from 1990 to 2008 was supplied under the Right to Information Act. The CAT's decision was challenged in the High Court, and a Review Petition was also dismissed, prompting the appeals.

The Supreme Court, after considering the arguments, referred to the Uma Devi case clarifying that irregularly appointed employees serving for ten years in sanctioned posts should be considered for regularization. The Court noted that the appellants' services should have been regularized in 2006 as per Uma Devi, and discriminatory treatment was evident. Consequently, the Court directed the regularization of the appellants' services from July 1, 2006, with consequential benefits, and ordered compliance within three months. The judgments of the High Court and CAT were set aside, and the appeals were allowed.

In conclusion, the Supreme Court's judgment highlighted the entitlement of casual employees to regularization as per the Uma Devi case, emphasizing the need for fair treatment and compliance with regularization directives.

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