Bhagwan Singh and Sunil Kumar Yadav and Anil Kumar and Parivartan Singh and Veerpal Singh and Rajkumar and Deepak Sharma and Hukam Singh Saini and Bhupendra Singh and Peetam Singh V. Union of India Through Secretary, Through Secretary Ministry of Finance, Department of Revenue, New Delhi and Chief Commissioner of Income Tax, NCR Building, Statue Circle, Jaipur and Income Tax Officer, Moti Doongri, Alwar (Rajasthan) and M/s. Symbosis Management Consultants, 69/375, Near V.T. Road, Mansarovar, Jaipur- 302020

CW/8896/2017

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The case involves multiple writ petitions filed by casual employees working in the Income Tax Department, challenging their termination. The petitioners argued against their dismissal, which was based on the introduction of new software and a subsequent appraisal that determined fewer Data Entry Operators and other casual employees were needed. The Central Administrative Tribunal dismissed their applications, leading to the filing of writ petitions in the High Court. The High Court upheld the Tribunal's decision, emphasizing that the terminations were due to operational changes rather than direct replacement by other casual employees.

• Counselvise Citation: [2017] 140 COUNSELVISE.COM (IT) 803031 (HC-RAJASTHAN)
• Appeal Type: Others
• Pronouncement Date: 02-06-2017
• Assessment Year: misc
• Result in Favour of: Revenue
• Court: HIGH COURT
• Assessee Lawyers: VINOD SINGHAL; P N JATTI
• Keywords: Casual Employees; Data Entry Operators; Income Tax Department; Software Development; Change in nature of working

Judgement Text

"HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR (1) D.B. Civil Writ Petition No. 8820 / 2017 1. Bhagwan Singh S/o Shri Sohan Lal, Aged About 38 Years, R/o Village and Post Noh Bachamadi, Tehsil and District Bharatpur 2. Sunil Kumar Yadav S/o Shri Banwari Lal Yadav, Aged About 38 Years, R/o Opposite Roshan Bicycle Store, Kumher Gate, Tehsil and District Bharatpur 3. Anil Kumar S/o Shri Bhagwat Singh, Aged About 36 Years, R/o Kherapati Mohalla, Behind Goyal Bhawan, Bharatpur 4. Parivartan Singh S/o Shri Omveer Singh, Aged About 38 Years, R/o Behind Picture Place, Kumher Gate, Bharatpur 5. Veerpal Singh S/o. Shri Jormal Singh, Aged About 32 Years, R/o Village and Post Sarsena, Tehsil Weir, District Bharatpur. 6. Rajkumar S/o Shri Sukhpal Singh, Aged About 33 Years, R/o Village and Post Hatheni, Tehsil and District Bharatpur. 7. Deepak Sharma S/o Shri Prem Chand Sharma, Aged About 37 Years, R/o A-175, Jawahar Nagar, Bharatpur. 8. Hukam Singh Saini S/o Shri Ram Singh Saini, Aged About 43 Years, R/o Village & Post Murwara, Tehsil & District Bharatpur. 9. Bhupendra Singh S/o Shri Sohan Lal, Aged About 29 Years, R/o. Village & Post Noheh, Tehsil and District Bharatpur. 10. Peetam Singh S/o Shri Dharam Singh, Aged About 38 Years, R/o. Village & Post Akhegarh, District Bharatpur. (All the Applicants Are Presently Working on Respective Posts in the Office of the Respondents At Bharatpur) ----Petitioners Versus 1. Union of India Through Secretary, Through Secretary Ministry of Finance, Department of Revenue, New Delhi. 2. Chief Commissioner of Income Tax, NCR Building, Statue Circle, Jaipur. 3. Income Tax Officer, Moti Doongri, Alwar (Rajasthan) 4. M/s. Symbosis Management Consultants, 69/375, Near V.T. Road, Mansarovar, Jaipur- 302020 ----Respondents (2 of 4) [CW-8820/2017] (2) D.B. Civil Writ Petition No. 8854 / 2017 1. Mukesh Kumar Sharma S/o Shri Mool Chand Sharma, Aged About 38 Years, R/o. Basant Vihar Colony, Goteshwar Road, Dausa. 2. Ramesh Chand Saini S/o. Shri Buddha Ram Saini, Aged About 41 Years, R/o. C-17, Maruti Colony, Dausa. (Both Are Presently Working As Casua Labour in the Department of Income Tax, Dausa) ----Petitioners Versus 1. Union of India Through Secretary, Through Its Secretary Ministry of Finance, Department of Revenue, North Block, New Delhi. 2. The Chairman, Central Board of Direct Taxes, Ministry of Finance, Department of Revenue, North Block, New Delhi. 3. The Principal Chief Commissioner of Income Tax, Central Revenue Building, Bhagwandas Road, Jaipur. 4. The Commissioner of Income Tax, Office of Principal Commissioner of Income Tax, Ayarkar Bhawan, Moti Dungari, Alwar. ----Respondents (3) D.B. Civil Writ Petition No. 8893 / 2017 Pradeep Kumar S/o Shri Hari Singh, Aged About 37 Years, R/o Village and Post Malawas, Teh: Mundawer, District Alwar, Presently Working As Casual Labour in the Office of Income Tax Officer, Behrod, Alwar. ----Petitioner Versus 1. Union of India Through the Secretary, Ministry of Finance, Department of Revenue, New Delhi. 2. Chief Commissioner Income Tax, Central Revenue Building, Bhagwan Das Road, Statue Circle, Jaipur. 3. Income Tax Officer (head Quarter), Moti Doongari, Alwar. 4. Income Tax Officer, Behror, Alwar. ----Respondents (4) D.B. Civil Writ Petition No. 8896 / 2017 Nathu Ram Sharma S/o Manohar Lal Sharma, by Cast Sharma, Aged About 44 Years, R/o Village and Post Office Jaunpur Bas , (3 of 4) [CW-8820/2017] Teh Behror, Presently Working As Casual Labour in the Office of Income Tax Officer, Behrod, Alwar. ----Petitioner Versus 1. Union of India Through the Secretary, Ministry of Finance, Department of Revenue, New Delhi. 2. Chief Commissioner Income Tax, Central Revenue Building, Bhagwan Das Road, Statue Circle, Jaipur. 3. Income Tax Officer (Head Quarter), Moti Doongri, Alwar. 4. Income Tax Officer, Behror, Alwar. ----Respondents _____________________________________________________ For Petitioner(s) : Mr. Vinod Singhal & Mr. P.N. Jatti _____________________________________________________ HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE ASHOK KUMAR GAUR Order 02/06/2017 We find no infirmity in the impugned order passed by the Central Administrative Tribunal dismissing original applications filed by the writ-petitioners for the reason it is not a case where casual employees are being replaced by casual employees directly under the Income Tax Department or through a placement agency. It is a case where on account of new software developed and change in nature of working of the department, on an appraisal done less number of Data Entry Operators and other casual employees would be required. On said reason services of the writ- petitioners have been dispensed with. (4 of 4) [CW-8820/2017] The writ petitions are dismissed. (ASHOK KUMAR GAUR),J. (PRADEEP NANDRAJOG),C.J. KKC/S-59 to 62 "