Raju Singh vs. The Union Of INDIA

CWJC/3254/2024HC PatnaGSTCNR BRHC01008991202414 March 2024Bench: MR. JUSTICE MOHIT KUMAR SHAH2 pages

AI SummaryRemanded

Facts

The petitioner, Raju Singh, filed a writ petition before the Patna High Court seeking a direction to appoint him as casual labour. He contended that similarly situated individuals, private respondents no. 9 and 10, who have been serving the department continuously, have been considered for such appointments. The petitioner also sought to direct the respondents to abide by an order passed by the Central Administrative Tribunal (CAT) in R.A. No. 06/2021 dated 10.07.2008. The respondents included various authorities from the Union of India, Ministry of Finance, and Central Excise and Customs departments. The petition was filed before the High Court under its Civil Writ Jurisdiction.

Held

The Court did not decide the merits of the petitioner's claims regarding appointment as casual labour or the enforcement of the CAT order. Instead, the learned counsel for the petitioner made a submission at the outset of the hearing. The petitioner's counsel stated that the petitioner would approach the learned Central Administrative Tribunal, Patna, for the redressal of his grievances. Consequently, the High Court disposed of the present writ petition as not pressed, based on the petitioner's stated intention to pursue his case before the appropriate forum, the CAT. No specific findings were made on the issues raised, nor was any ratio decidendi established for future cases. The operative direction was to dispose of the writ petition as not pressed.

Key Issues

1. Whether the petitioner is entitled to a direction for appointment as casual labour, considering the alleged continuous service and similar treatment of other individuals (private respondents no. 9 and 10)? 2. Whether the respondents are bound to abide by the order passed by the Central Administrative Tribunal in R.A. No. 06/2021 dated 10.07.2008? Petitioner's Argument: The petitioner argued that he should be appointed as casual labour, citing the precedent of similarly situated individuals (private respondents no. 9 and 10) who have been serving the department for a long time. He also sought enforcement of a previous order from the Central Administrative Tribunal. Revenue/State's Argument: The judgment records no specific argument from the respondents. However, the petitioner's counsel indicated that the petitioner would approach the Central Administrative Tribunal for redressal of his grievances.

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3254 of 2024 ====================================================== Raju Singh S/o Shri Radhekant Singh, R/o Village-Shahpur Patti, District- Bhojpur. ... ... Petitioner/s Versus 1. The Union of India through the Commissioner and Vigilance Central Excise and Service Tax, Patna. 2. The Assistant Commissioner, Vigilance, Central Excise and Service Tax, Patna. 3. The Ministry of Finance, through the Secretary, New Delhi. 4. The Commissioner Central Excise and Customs, Revenue Building, Bailey Road, Patna. 5. The Deputy Commissioner, Preventive and Vigilance, Central Excise and Customs, Revenue Building, Bailey Road, Patna. 6. The Assistant Commissioner, Central Excise and Service Tax, Revenue Building, Patna. 7. The Personal Relations Officer, Central Excise and Service Tax, Revenue Building, Bailey Road, Patna. 8. The Account Officer Central Excise and Customs Revenue Building, Bailey Road, Patna. 9. Shri Kamal Nayan Sharma, S/o Shri Ram Narayan Singh, R/o Village- Rajpur Post and PS-Nawara, District-Patna. 10. Manoj Kumar Dubey, S/o Shri Mahesh Chandra Dubey, R/o Village and PS- Gagauri, District-Khagaria. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr.Rajendra Nath Sinha, Advocate For the Respondent/s : Mr. Anshuman Singh, Sr. SG, CGST For the Union of India : Mr. Bindhyachal Rai, Sr. Panel Counsel ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH

ORAL ORDER 2 14-03-2024 The present writ petition has been filed seeking the following reliefs:- "

That this is an application for direction or directions, order or orders by way of an appropriate writ

Patna High Court CWJC No.3254 of 2024(2) dt.14-03-2024 2/2 or writs preferably in the nature of Mandamus,

commanding

and directing the respondents to appoint the petitioner as casual labour, as in identical matters department has considered the name of similarly situated

employee

(private respondents no-9 and 10), who has been serving

department continuously since long. Further, directing and commanding the respondents to abide by the order passed in review petition by the Central Administrative Tribunal in R.A. No.- 06/2021 dated 10.07.2008."

At the outset, the learned counsel for the petitioner submits that the petitioner shall approach the learned Central Administrative Tribunal, Patna for redressal of his aforesaid grievances.

Accordingly, the present writ petition stands disposed off as not pressed.

S.Sb/- (Mohit Kumar Shah, J) U

Reproduced from the public record of the Patna High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.