NDLI: Union of India & Ors. Vs. Central Administrative Tribunal & Ors. Etc.etc.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	casual basis regularization Group ‘D’ workers long years of service Service Law
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Disposed Off
Headnote	Service Law – Regularization – Group ‘D’ workers engaged on casual basis at the Institute in question (under the administrative control of Comptroller and Auditor General of India) not regularized despite long years of service – Central Administrative Tribunal mandated preparation of seniority list and for working out the possibility of regularizing services of the casual workers – Order affirmed by the High Court – Casual workmen moved Tribunal stating that despite the specific directions of the Tribunal to observe seniority, persons below in seniority regularized – Tribunal directed the authorities to accord the benefit of regularization to the casual workers as accorded to their juniors – Challenged by Union of India – High Court confirmed the order, also directing that even if posts in the Institute are not available, casual workers who claimed regularization be considered in other places where Group ‘D’ posts are available – Propriety of – Held: Direction to consider the casual workers for regularization in other establishments was not justified – Original order passed by the Tribunal did not contain mandamus for regularization – Order mandated that seniority list should be maintained by the Union of India and that the possibility of regularizing the casual workmen at the Institute should be considered against existing and future vacancies in Group ‘D’ posts – Acting on the basis of the decision of the Tribunal, affirmed by the High Court, Union of India proceeded to formulate seniority list and, in fact, regularized at least four individuals – Action of selecting juniors for regularization, by-passing in the process, persons who had put in longer years of service was manifestly unfair and arbitrary – Picking up individuals for regularization, while ignoring seniors shows that a favoured few have been rewarded – Arbitrariness in the conduct of the authorities at the Institute is writ large – Having decided to implement the decision of the Tribunal, affirmed by the High Court, the Union of India must follow a rational principle and abide strictly by the seniority list in proceeding to regularize the workmen concerned – Such persons who are available for regularization on the basis of vacancies existing at present, be considered in accordance with law – Indian Audit and Accounts Department Multi-Tasking Staff Recruitment Rules, 2011.
Judge	Hon'ble Dr. Justice D.Y. Chandrachud
Neutral Citation	2019 INSC 32
Petitioner	Union Of India & Ors.
Respondent	Central Administrative Tribunal & Ors. Etc.etc.
SCR	[2019] 2 S.C.R. 317
Judgement Date	2019-01-08
Case Number	175

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
5	Website/Portal (Helpdesk)	Queries regarding NDLI and its services	support@ndl.gov.in
6	Contents and Copyright Issues	Queries related to content curation and copyright issues	content@ndl.gov.in
7	National Digital Library of India Club (NDLI Club)	Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach	clubsupport@ndl.gov.in
8	Digital Preservation Centre (DPC)	Assistance with digitizing and archiving copyright-free printed books	dpc@ndl.gov.in
9	IDR Setup or Support	Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops	idr@ndl.gov.in

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