2015 (6) TMI 258

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....tly, facts of the case are that the Department of Income Tax employed the respondent original applicants on different posts such as Peon, Chowkidar, Safai Karamchari and Data Entry Operator on casual basis. On 5.5.2010 the Member Secretary in the office of Director General of Income Tax (Investigation), Jodhpur, invited tenders from service providers to supply personnels to serve as Peon, Chowkidar, Safai Karamchari and Date Entry Operator in the office of Director General, Income Tax (Investigation) Jodhpur unit. Apprehending removal from service the respondent original applicants approached the Central Administrative Tribunal, Jodhpur Bench, Jodhpur by way of filing original applications to have a direction for petitioner respondent for n....

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....'ble Supreme Court in the case of Secretary, State of Karnataka & Ors. v. Uma Devi & Ors., (2006)4 SCC 1, hiring of casual workers and thereafter regularisation of them in service is not proper. It is further submitted that as per Rule 178 of the General Finance Rules a ministry or department may outsource certain services in the interest of economy and efficiency. It is asserted that in light of the decision of the Government of India as per office memorandum dated 23.11.2005 and Rule 178 of the General Finance Rules the need of utilising services by outsourcing is in interest of the department, therefore, the tribunal erred while directing to continue the existing casual labourers in service. To substantiate the argument reliance is a....

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....ons they claimed for regularisation of their services but that was not pressed during the course of hearing. The only claim, thus, made by the original applicants was with regard to their continuance in service. Learned Central Administrative Tribunal by taking into consideration different aspects of the matter arrived at the conclusion that no useful purpose shall be served by removing the original applicants from service to utilise service of the personnels supplied through service providers. 7. True it is, the Government of India under the office memorandum dated 23.11.2005 desired to curtail unwarranted expenses and further emphasised not to regularise casual labourers, but that cannot be a reason to terminate the original applicants....