1 OA 329/2018 & MA 243/2018

CENTRAL ADMINISTRATIVE TRIBUNAL PATNA BENCH, PATNA

OA No. 050/000329 of 2018 & MA No. /050/243/2018

Date of order 20.07.2018

CORAM HON'BLE MR. K.N. SHRIVASTAVA, MEMBER (A)

HON'BLE MR. JAYESH V. BHAIRAVIA, MEMBER (J)

1. Ranjeet Kumar, son of Sri Lakshmi Ram, resident of Mohalla- Tripolia Pathari Ghat Devi Sthan, P.O.-Guljarbagh, P.S.- Alamganj, District- Patna. 2. Santosh Kumar, son of Akchhayaber Kumar, resident of Village- Pali, P.O.-Naubatpur, P.S.-Naubatpur, District- Patna-801109. 3. Gautam Manjhi, son of Sri Sorai Manjhi, resident of Village- Mohuli, P.O.-Suitha, P.S.-Parsa, District- Patna. 4. Rabindra Yadav, son of Chanchal Yadav, resident of Village- Marahiya, P.O.-Lauria, P.S.-Lauria, District-West Champaran. 5. Santosh Kumar, son of Ram Janam Singh, resident of Village- Darweshpur, P.O.-Byapur, P.S.-Maner, District- Patna-801503. 6. Deo Sharan Kumar, son of Bijendra rajak, resident of Village- Bargaon, P.O.-Nalanda, P.S.-Nalanda, District-Nalanda-803111. 7. Dharmendra Paswan, son of Bhondu Paswan, resident of Village-Koeri, P.O.-Deep Nagar, P.S.-Deep Nagar, District- Nalanda-803111. 8. Surendra Pandit, son of Sri Jatan Pandit, resident of Village- Bayabani, P.O.-Maghara, P.S.-deep Nagar, District- Nalanda- 803101. 9. Pritam Chandra Ram, son of Prem Chandra ram, resident of Village-Surajpur, P.O.-Nalanda, P.S.-Nalanda, District-Nalanda- 803111. 10. Sarwesh Singh, son of Sri Murari Singh, resident of Village- Nadaha, P.O.-Kachhiyawan, P.S.-Hilsa, District-Nalanda. 11. Vijay Paswan, son of Sri Mishri Paswan, resident of Village- Kutari, P.O.-Naro Murar, P.S.-Warsaliganj, District-Nalanda- 805130. 12. Karu Ram, son of late Rameshwar Ram, resident of Village-Kund Chhetra, Gaurdavi, Rajgir, District-Nalanda. 13. Neelam Devi, wife of late Ravindra Prasad, resident of Village- Nirmal Vidya, P.O.-Nalanda, P.S.-Nalanda, District-Nalanda. 14. Girani Yadav, son of Sri Naedeo Yadav, resident of Village-Rajgir Nawalakha Mandir, P.O.-Rajgir, P.S.-Rajgir, District-Nalanda. 15. Beni Kumar Singh, son of Sri Rama Shankar Singh, resident of Village-Singasani, P.O.-Singasani, P.S.-Ram Garhawa, District- East Champaran. 2 OA 329/2018 & MA 243/2018

16. Daya Ram, son of Ram Bahadur, resident of Indian Archeological Survey Campus, Antaghat, Antqaghat, P.O.-GPO, P.S.-Pirbahore, District-Patna-800001. 17. Rohit Kumar, son of Sri Indrajeet Sharma, resident of Village- Datiyana, P.O.-Bikram, District-Patna-801104. 18. Indrajeet Sharma, son of late Yamuna Singh, resident of Village- Datiyana, P.O.-Bikram, District-Patna-801104. 19. Sahendra Prasad Yadav, son of rampreet Yadav, resident of Village-Lala Chapra, P.O.-Kesaria, P.S.-Kesaria, District-East champaran-845424. 20. Devi Lal Paswan, son of late Diya Paswan, resident of Village- Lala Chapra, P.O.-Kesaria, P.S.-Kesaria, District-East champaran- 845424. 21. Rajendra Yadav, son of Chanchal Yadav, resident of Village- Marahiya, P.O.-Luria, P.S.-Luria, District-West Champaran. 22. Rambhu Yadav, son of Chanchan Yadav @ Chanchal Raut, resident of Village-Marahiyan, P.O.-Luria, P.S.-Luria, District- West Champaran-845453. 23. Pappu Kumar Yadav, son of raja Ram Yadav, resident of Village- Marahiyan, P.O.-Luria, P.S.-Luria, District-West Champaran- 845453. 24. Sanjay Yadav, son of Raja Ram Yadav, resident of Village- Marahiyan, P.O.-Luria, P.S.-Luria, District-West Champaran- 845453. 25. Raj Karn Thakur, son of late Brij Narayan Thakur, resident of Village-Belwa, P.O.-Luria, P.S.-Luria, District-West Champaran- 845453. 26. Chandradeep Mandal, son of late Basudeo Mandal, resident of Village-Nand Gola, P.O.-Patthar Ghatta, P.S.-Antichak, District- Bhagalpur-813203. 27. Vishan Yadav, son of late Ram Swarup Yadav, resident of Village-Antichak, P.O.-Patthar Ghatta, P.S.-Antichak, District- Bhagalpur-813203. 28. Sunil Mandal, son of late Soti Mandal, resident of Village- Antichak, P.O.-Patthar Ghatta, P.S.-Antichak, District-Bhagalpur- 813203. 29. Chhabbu Mandal, son of late Bhim Mandal, resident of Village- Antichak, P.O.-Patthar Ghatta, P.S.-Antichak, District-Bhagalpur- 813203. 30. Vijay Mandal, son of late Matabi Mandal, resident of Village- Antichak, P.O.-Patthar Ghatta, P.S.-Antichak, District-Bhagalpur- 813203. 31. Rakesh Kumar, son of Anirudh Tanti, resident of Village- Antichak, P.O.-Patthar Ghatta, P.S.-Antichak, District-Bhagalpur- 813203. 32. Ravish Kumar, son of Ashutosh Kumar Pathak, resident of Village-Noawan, P.O.-Noawan, P.S.-Shakurabad, District- Jahanabad-804429. 33. Md. Isarail, son of Idarish Mansur, resident of Village- Antichak, P.O.-Patthar Ghatta, P.S.-Antichak, District-Bhagalpur-813203. 3 OA 329/2018 & MA 243/2018

34. Ramu Mhetar, son of late Pyarelal Mehtar, resident of Village- Antichak, P.O.-Patthar Ghatta, P.S.-Antichak, District-Bhagalpur- 813203. ……… Applicant. By advocate: Sri M.N. Parbat.

Verses

1. The Union of India through the Secretary, Ministry of Archaeological Survey, Government of India, New Delhi- 110015. 2. The Director General, Archaeological Survey of India, 24, Tilak Marg, New Delhi-110001. 3. The Additional Director (Administration), Archaeological Survey of India, 24, Tilak Marg, New Delhi-110001. 4. The Joint Director (Accounts), Archaeological Survey of India, 24, Tilak Marg, New Delhi-110001. 5. The Regional Director, Eastern Region, Archaeological Survey of India, Currency Building-1, BBD Bag, Kolkata-700001. 6. Superintendent Archaeologist, Archaeological Survey of India, Patna Circle, J.C. Road, Anta Ghat, Patna-800001. 7. The Conservation Assistant, Archaeological Survey of India, Sub-Circle Nalanda, AT & P.O. & P.S.-Nalanda, District- Nalanda-803111. 8. The Conservation assistant, Archaeological Survey of India, Sub-Circle, Rajgir, AT& P.O.-& P.S.-Rajgir, District-Nalanda- 803111. 9. The Conservation Assistant, Archaeological Survey of India, Sub-Circle Kesariya, At & P.O.-& P.S.-Kesariya, District- Vaishali-800020. 10. The Conservation Assistant, Archaeological Survey of India, Sub-Circle Kesariya, At & P.O.-& P.S.-Kesariya, District- Vaishali-845424. 11. The Conservation Assistant, Archaeological Survey of India, Sub-Circle Vikramshila, At & P.O.-& P.S.-Vikramshila, District- Bhagalpur-813203. …….. Respondents. By advocate: Sri Bidnhyachal Rai.

O R D E R (ORAL) 4 OA 329/2018 & MA 243/2018

Per Mr. K.N. Shrivastava /M (A):- The applicants through medium of this OA, filed Under Section 19 of the Administrative Act

1985, have prayed for the following reliefs:-

“(i) The letter dated 10.08.2017 (Annexure-7) issued by Additional Director (Administration), Archaeological Survey of India, New Delhi, to the extent through which direction for engagement of casual labours through outsourcing has been issued in the department and also the decision of the respondents of Bihar Region based on the said letter, for out sourcing of employees (after calling it from possession of respondents), through which they have decided to engage employees in place of applicants, for the purpose of maintenance and preservations of old monuments in the state of Bihar and dong works in their various offices situated in the various districts of State of Bihar, may be quashed.

(ii) That the respondents further be directed to follow their own decisions and guide lines issued by the authorities of Union of India time to time for the purpose of giving temporary status to the Part time temporary employees/ Full time temporary employees of Archaeological Survey of India and to consider the cases of applicants also to grant them temporary status in terms of said guide lines and to allow them their wages on the basis of grant of temporary status to them and to regularize their services on their respective posts on which they are working since long and have completed 240 days of service in a year, in several years.

(iii) That the respondents further be directed to pay the wages of the applicants 1/30th of the pay at the minimum of their relevant pay scales in terms of guide lines issued in this regard by the Finance department of the Government of India. 5 OA 329/2018 & MA 243/2018

(iv) That the respondents further be directed to not retrench the applicants in arbitrary manner and on flimsy grounds and not to outsource any emplo9yee till final considerations of respective claims of the applicants regarding grant of temporary status to them.”

2. The factual matrix of the case as noticed from the records, is as under:-

3. These applicants are engaged by the respondents,

Archaeological Survey of India (A.S.I.), as Casual Labour. Their engagements have been done at different points of time. A.S.I. in the meanwhile, issued Annexure-A/7, O.M. dated 10.08.2017, which reads as under:-

“Sub-E-procurement and Engagement of manpower.

1. This is regarding E-procumbent and engagement of manpower on casual basis.

2. Guidelines have been issued by the Ministry of Finance regarding implementation of E-procurement (a copy of guidelines enclosed herewith).. Based on the above guidelines suitable instructions have been issued from Directorate office regarding implementation of E-procurement guidelines by circle offices. It has come to notice that even after circulation of these guidelines some circles are not implementing E-procurement guidelines. It is therefore, directed to strictly follow the E- procurement guidelines issued by Ministry of Finance. A continuation may also be sent.

3. It has been noted that some of the circle offices are engaging casual labour directly without outsourcing. It is, therefore, directed that the manpower shall be 6 OA 329/2018 & MA 243/2018

engaged through outsourcing following the GFR provisions. This may be followed strictly.”

4. Apprehending that, in view of the instructions contained in

Annexure-A/7, O.M. dated 10.08.2017, they are going to be retrenched from service, the applicants have approached this Tribunal through this OA, praying for the reliefs as indicated at Para-1.

5. Pursuant to, notice issued, the respondents have entered appearance and filed their written statement.

6. When the case was taken for consideration today, a query was put to the learned counsel for the applicants as to the immediate cause of action, which compelled the applicants to approach the Tribunal in this OA. He could not explain.

7. The learned counsels for both the parties agreed that these applicants are working in the Patna circle of ASI and that Patna circle has not yet invited any tender, pursuant to Annexure-A/7, OM dated

10.08.2017. In this view of the matter, we are of the opinion that there is no immediate cause of action and, as such this OA is without any merit.

8. We, therefore, dismiss this OA, at this stage with a liberty to the applicants to approach the Tribunal at the appropriate time when there is any cause of action adversarial to their interests.

9. In view of the dismissal of the OA, MA 243 of 2018 also stands disposed of. 7 OA 329/2018 & MA 243/2018

10. The order of stay issued against Annexure-A/7, OM dated

10.08.2017 stands vacated.

[ Jayesh V. Bhairavia ]M(J) [ K.N. Shrivastava]/M(A)

BP/