S VENKATESH vs ARCHAEOLOGICAL SURVEY OF INDIA
- Court
- Central Administrative Tribunal
1
OA No.170/00632/2024/CAT/BANGALORE
CENTRAL ADMINISTRATIVE TRIBUNAL
BANGALORE BENCH, BENGALURU
ORIGINAL APPLICATION NO.170/00632/2024
ORDER RESERVED ON: 28.10.2026
DATE OF ORDER: 30.10.2026
CORAM:
HON’BLE MR. SANTOSH MEHRA ..MEMBER(A)
1. S. Venkatesh,
S/o Swaminathan,
Aged about 56 years,
Working as Casual Labour Temporary Status,
O/o the Senior Conservation Assistant,
Hampi Sub Circle,
Hospete Taluk …...Applicant
(By Advocate, Shri B.S. Venkatesh Kumar)
Vs.
1. Union of India represented by
Secretary to Government,
Ministry of Culture
Shastri Bhavan,
New Delhi – 110 001
2. The Superintending Archaeologist,
Archeological Survey of India,
Bangalore Circle,
Kendriya Sadan, V Floor,
th
F-Wing, 17 Main,
Koramangala, Bangalore- 560 034
3. The Superintendent Archeologist,
Archeological Survey of India,
st
No. 203, 1 B Cross, Gokulnagar,
Near Saibaba Temple,
Hospet – 583 201
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4. The Director (Admn),
Archaeological Survey of India,
Dharohar Bhavan,
24, Tilak Marg,
New Delhi – 110 001 …..Respondents
(By Advocate, Smt. P.K. Praneshwari)
O R D E R
Per: Hon’ble Shri Santosh Mehra ……Member(A)
Through this OA, the applicant has sought the following reliefs:
“(a) Call for records of the case from the respondents and on
perusal
(b) quash and set aside the office order bearing No. OA/117/2016-
Adm-999 dated 4.7.2023 (Annexure A7) passed by respondent No.3
in so far as it relates to grant of temporary status from the date of
issue of said office order and issue a consequential direction to the
respondents to implement the order dated 12.9.2022 in OA
No.117/2016 in its true spirit by granting arrears of pay and
allowances to the applicant from 12.3.2011 when the other
employees were grant such benefits till 9.7.2023.
(c) Grant such other relief/s as this Hon'ble Tribunal deems fit to
grant to the applicant in the circumstances of the case including an
order as to exemplary costs for unnecessarily subjecting a low paid
employee to unnecessary and avoidable litigation in the interests of
justice.”
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2. The facts in a nutshell are as follows:
The learned counsel for the applicant submits that the applicant has been working
as a casual labourer in the Archaeological Survey of India since 1988. When his
colleagues were granted Temporary Status and he was denied the same, he
approached this Hon’ble Tribunal in OA No. 117/2016 which was allowed.
Against the order of this Tribunal, the respondents filed a Writ Petition in the
Hon’ble High Court of Karnataka who remanded the matter back to the Tribunal.
The Hon’ble Tribunal again allowed the OA by its Order dated 12.09.2022
directing the respondents to grant Temporary Status and all consequential
benefits to the applicant.
When the applicant preferred Contempt Petition No. 7/2023, as the respondents
failed to comply with the Orders, midway the Respondents passed an Order vide
No. OA/117/2016-Adm-999, dated 04.07.2023 granting Temporary Status to the
applicant, but only with effect from 12.09.2022. Despite repeated representations
by the applicant to the respondents to provide him all consequential arrears of
pay and allowances with effect from 2011 as ordered by this Tribunal, the
respondents did not agree to the same. Hence, the applicant has approached this
Hon’ble Tribunal for relief.
3. Applicant
(i) The Learned Counsel for the Applicant submits that the applicant has
been working as a casual labourer in Archaeological Survey of India, since 1988.
Despite completion of 28 years of service, when he was not given Temporary
Status, he approached this Hon’ble Tribunal in OA No. 117/2016. This Hon’ble
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Tribunal vide its order dated 29.11.2018, allowed the OA and directed the
respondents to extend Temporary Status to him. When the order of the Tribunal
was challenged by the respondents in the Hon’ble High Court of Karnataka in
Writ Petition No. 30249/2019, the High Court disposed of the matter vide its
Order dated 19.01.2021 by remanding the matter back to this Hon’ble Tribunal
with certain directions. This Hon’ble Tribunal again allowed the OA and directed
the respondents to grant Temporary Status to the applicant and also consider
granting him all consequential benefits as per the Scheme.
(ii) The learned counsel for the applicant further submits that when the
respondents failed to comply with the orders of this Tribunal, the applicant
instituted C.P. No. 7/2023 and while the proceedings were going, the respondents
passed an Order dated 04.07.2023 granting the applicant Temporary Status and
accordingly the Hon’ble Tribunal closed the contempt petition.
(iii) The learned counsel for the applicant points out that in pursuance of the
Order dated 04.07.2023, the applicant joined duty as a Temporary Status Casual
Labour (TSCL) employee on 10.07.2023. However, as he was not granted all the
consequential benefits by the respondents, the applicant submitted a
representation dated 14.08.2023 followed by reminders on 05.01.2024 and
25.03.2024, requesting the respondents for payment of arrears of salary and
allowances from 12.03.2011.
(iv) Inviting my attention to Annexure A-6, the learned counsel for the
applicant further points out that the similarly situated employees were granted
Temporary Status from 2011 itself and their basic pay and allowances is much
higher than what he has been getting. He avers that those who were regularised
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in time were getting Rs. 25,600 as basic pay compared to the applicant who was
getting only Rs. 18,000 as basic pay.
(v) The learned counsel for the applicant further submits that in view of his
repeated representations to the respondents for full implementation of the Order
of this Tribunal in OA No. 117/2016, they transferred the applicant out from
Hampi Circle to Koppal Sub Circle vide order dated 14.08.2024 as a vengeful
act. However, his Transfer Order has been stayed by this Hon’ble Tribunal vide
its order dated 12.09.2024 in OA No. 467/2024.
(vi) The learned counsel for the applicant further submits that the 4th
respondent has misunderstood the Orders of the Hon’ble Tribunal while
nd
addressing a letter dated 16.08.2023 to the 2 respondent to grant Temporary
Status to the applicant in the light of the Orders of this Hon’ble Tribunal
dated 12.09.2022. He clarifies that though the Order of the Tribunal was
passed on 12.09.2022, it does not mean that the applicant has to be granted
Temporary Status from that day. In this regard, he places reliance on
Annexure A-10, secured by him under RTI which states that all the
employees who were similarly situated were granted Temporary Status from
2011 and the same benefits should be extended to the applicant also.
(vii) The learned counsel for the applicant sums up by stating that as all
similarly situated employees were granted Temporary Status from
12.03.2011, the applicant should also be extended similar benefits which was
the intent of the Order of this Hon’ble Tribunal dated 12.09.2022.
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4. Reply
The Learned Counsel for the Respondents has filed the reply.
(i) The learned counsel for the respondents has stated that the applicant was
not a permanent employee of ASI and he was initially engaged on muster on
need basis as a casual worker. She further states that in compliance of the Order
of this Tribunal in OA No. 117/2016 dated 12.09.2022, the respondents had
implemented the same vide F. No. C-18015/107/2018-Adm-II dated 16.02.2023.
(ii) Refuting the contention of the learned counsel for the applicant that a cost
of Rs. 10,000 was imposed on the respondents, the learned counsel for the
respondents points that the impugned order of this Tribunal dated 29.11.2018
passed in OA No. 170/00117/2016 and the Order passed subsequently on
25.06.2019 in review application No. 170/00007/2019 were quashed and the
matter was remanded back to the Tribunal.
(iii) The learned counsel for the respondents submits that the applicant was
entitled to TSCL scale wages and the same has already been granted to him. The
applicant had also accepted the same and had joined for duty on 10.07.2023 vide
his joining report dated 10.07.2023. (Annexure R-4).
(iv) The learned counsel for the respondents argues that the contention of the
learned counsel for the applicant that arrears of salary should be paid from
12.03.2011 is totally irrelevant as the Hon’ble Tribunal in its Order dated
12.09.2022 in OA No. 117/2016 had directed that the applicant is covered under
the scheme for Grant of Temporary Status and Regulation Scheme of 1993 and
the same has already been granted to him.
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(v) Refuting the contention of the learned counsel for the applicant that the
applicant has been transferred from Kamalapura Sub Circle to Koppal Sub Circle
was revengeful, the learned counsel for the respondents submits that Kamalapur
Sub Circle and Koppal Sub Circle are within the ASI, Hampi Circle and are just
35 km from each other.
5. Rejoinder
In response to the reply filed by the learned counsel for the respondents, the
learned counsel for the applicant has filed a rejoinder. In his rejoinder he has
essentially reiterated the facts which are already mentioned in the OA. However,
the important points mentioned in the rejoinder are summarized as below:
(i) The learned counsel for the applicant submits that the applicant became
entitled for grant of TSCL, when those who joined with him and his juniors were
granted the same. He points out that the applicant had worked for more than 240
days in 1988 itself but was finally granted the TSCL only after a prolonged
process of judicial proceedings which finally culminated in his filing a Contempt
Petition. He argues that the Hon’ble High Court in Writ Petition No. 30249/2019
dated 19.01.2021 remanded the matter back to the Tribunal to thoroughly
examine the records and determine whether the applicant had worked for more
than 240 days or not. After proper examination of the records, this Hon’ble
Tribunal allowed the OA and directed the respondents to grant him temporary
status, which was finally implemented only after he filed a Contempt Petition.
(ii) The learned counsel for the applicant further points out that Annexure R-
4 is essentially the copy of the Order passed by the Hon’ble Tribunal dated
12.09.2022 and Annexure R-5 is only the last page of the same order.
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(iii) The learned counsel for the applicant highlights the point that the learned
counsel for the respondents has not at all addressed the issue of his juniors getting
more pay from 2011 than the applicant and non-payment of arrears to him.
(iv) The learned counsel for the applicant concludes by placing reliance on
RTI reply received by him on 07.10.2024 marked as Annexure RJ-1 which
indicates several persons who were granted TSCL from 2011 itself as against the
applicant who was granted the same with effect from 12.09.2022
6. Analysis and Conclusion:
(1) I have heard at length the arguments of both the counsels and have also
gone through all the documents and records which were brought on record by
the respective counsels.
(2) At this stage, it would be useful to go through the relevant
documents/records which have been submitted by the rival counsel for better
appreciation of the entire issue and for arriving at correct conclusion. They are
reproduced as follows:
(i) Pay drawn statement of applicant vis-à-vis his colleagues (ANNEXURE A-
6)
“DETAILS OF PAY AND ALLOWANCES FOR THE MONTH SEPTEMBER
2023 IN RESPECT OF TSCL STAFF, HAMPI CIRCLE
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OA No.170/00632/2024/CAT/BANGALORE
Re
cov
Lic
enc
TA
Name (s/s)
er
of
P.
Ta
Tot
e
O.
Pa
al
Ded
ucti
Net
Sala
Le
ve
Sl.N
DA
Pay
HRA
T
TA Gross
Pay A
GPF
Sub.
Lic
ens
B. Pay
Arre
TSCL HAMPI CIRCLE
l
o.
Fee
ars
y
x
ry
e
on
pay Fee
Abid
1
a
Hussai
nsab
Hampi 10,7
25,600 0 0
Circle
37
2,304 900
52
20
39,934 0 0
8
4,2
4,000
0
35,7
1
34
00
Han
uma
kka
Sukka
ppa
Hampi 10,7
25,600 0 0
Circle
37
0 900
52
20
37,630 180 0
8
5,3
5,000
0
32,2
2
1
50
80
Cha
ndra
shek
ar
Nallas
wamy
Hampi 10,7
25,600 0 0
Circle
37
0 900
52
20
37,630 180 0
8
5,3
5,000
0
32,2
18
1
50
80
Nar
asim
ha
Pras
ad
Subba
raj
Hampi 48
25,600 0
Circle
10,7
37
2,304 900
52
20
40,414 0 0
8
1,7
1,536
0
38,6
19
1
78
0
36
Shiv
aku
mar
Muthu
swam
y
Hampi 10,7
25,600 0 0
Circle
37
0 900
52
20
37,630 180 0
8
1,9
1,536
0
35,7
32
1
14
16
Bhe Hampi 10,7
33 — 25,600 0 0
ema Circle
37
2,304 900
52
20
39,934 0 0
8
5,2
5,000
0
34,7
1
34
00
Shar Hampi 10,7
34 — 25,600 0 0
ada Circle
37
2,304 900
52
20
39,934 0 0
8
5,2
5,000
0
34,7
1
34
00
Hanu
manth
appa
Ram
35
akka
Hampi 10,7
25,600 0 0
Circle
37
2,304 900
52
20
39,934 0 0
8
5,2
5,000
0
34,7
1
34
00
S.
Ven
kate
sh
Hampi 7,56
— 18,000 0 0
Circle
37
1,800 900
0
20
28,638 0 0
8
1,2
1,080
0
27,3
52
1
58
80
Annexure RJ-1 : RTI Reply dated 07.10.2024:
“ARCHAEOLOGICAL SURVEY OF INDIA
OFFICE OF THE SUPERINTENDING ARCHAEOLOGIST
HAMPI CIRCLE, HOSAPETE
No. 1/7/RTI/2020-21 Date:07.10.2024
To, Shri S. Venkatesh,
S/o Late Swaminathan,
Hampi Power House-583215,
Hosapete Tq, Vijayanagara Dist.
Sub: Information Sought under RTI Act 2005 – Regarding
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…………….
S.NO Name Designation Date of Joining Place of
Posting
5. Smt. K.
Hanumakka
TSCL 28.11.2011 Kamalapur
Sub-Circle
7. Shri Shivakumar TSCL 23.06.2014 Kamalapur
Sub-Circle
8. Shri
K.Mohammad
Ali
TSCL 01.10.2012 Kamalapur
Sub-Circle
9. Smt. Nagamma TSCL 01.12.2011 Kamalapur
Sub-Circle
21. Shri Rajamani TSCL 01.12.2011 Hampi Sub-
Circle
24. Shri Venugopala TSCL 30.01.2021 Hampi Sub-
Circle
-- -- -- -- --
A bare reading of Annexure RJ-1 indicates that all the names shown (32 in No.)
joined Kamalapur and Hampi Sub Circles as TSCL between 2012 and 2023. If
this Annexure is read in conjunction with Annexure A-6, it is observed that a
very large number of them for example, Hanumakka at Serial No. 2 and
Shivakumar at Serial No. 32 are having a Basic Pay of Rs. 25, 600 compared to
the applicant who has been getting a basic pay of Rs 18,000.
(ii) Office order dated 04.07.2023 (ANNEXURE A-7)
“ No. OA/117/2016-Adm-999
Government of India
Archaeological Survey of India
Bangalore Circle
Kendriya Sadan,
Koramangala,
Bengaluru.
Date: 04.07.2023 .
OFFICER ORDER
Consequent upon approval communicated by the Director General,
ASI, New Delhi vide Letter No. C-18015/107/2018-Admn.II, dated
16.06.2023 and direction of the Hon'ble CAT, Bengaluru Bench order
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OA No.170/00632/2024/CAT/BANGALORE
dated 12.09.2022, Shri. S Venkatesh S/o Shri. Swaminathan, Casual
Labourer, is granted temporary status, subject to the following terms
and conditions as per the guidelines contained in DOPT. OM dated
10.9.1993…………….”
Order dated 16.06.2023 (ANNEXURE A-9)
“F. No. C-18015/107/2018-Admn.II.
Government of India
Archaeological Survey of India
Dharohar Bhawan,
24 Tilak Marg. New Delhi-110001
Dated 16.06.2023
To,
Superintending Archaeologist,
Archaeological Survey of India,
Bangalore Circle, Bangalore
Sub: Intimation about Caveat Petition filed by Shri S. Venkatesh-
reg.
Sir,
I am directed to refer to your letter F.No. 117/2016-7665 dated
02.11.2022 on the above subject and to convey the approval of
Competent Authority to grant Temporary Status to Shri S. Venkatesh
in the aforesaid Court case as per direction of the CAT, Bangalore
Bench, Bengaluru Order dated 12.09.2022.
2. In this context, SA Bangalore is requested to issue formal order
extending Temporаrу Status to Shri S.Venkatesh and to post him at
Hampi Circle.
………….”
The above Orders are merely indicating that the applicant is granted Temporary
Status in compliance with the directions of Hon’ble Tribunal Order dated
12.09.2022 as per the guidelines contained in DoPT OM dated 10.09.1993.
However, it does not mention the date from which Temporary Status is granted
to the applicant. Hence, it would be useful to have a look at the Order of the
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OA No.170/00632/2024/CAT/BANGALORE
Bangalore Bench of CAT dated 29.11.2018 and subsequent Order dated
12.09.2022 which form the basis of the grant of Temporary Status to the
applicant. The relevant portions of these Orders are mentioned as follows:
(1) Extracts of the Judgement of Central Administrative Tribunal, Bangalore
Bench, Bengaluru in OA No. 170/00117/2016 dated 29.11.2018 (ANNEXURE
A-8)
“CENTRAL ADMINISTRATIVE TRIBUNAL
BANGALORE BENCH, BENGALURU
ORIGINAL APPLICATION NO.170/117/2016
TH
DATED THIS THE 29 DAY OF NOVEMBER, 2018
……………..
The issue is in a very small compass. Consequent to our order, the
respondents and the applicant together verified the records and
found that 1988 the applicant had worked for 243 1/2 days.
Therefore, he will squarely covered within the scheme. Therefore
eligible for temporary status accordance with the scheme.
2. OA allowed to this limited extent. Benefits to be granted within
one month next. No order as to costs.”
(2) Extracts of the Judgement of Central Administrative Tribunal, Bangalore
Bench, Bengaluru in OA No. 170/00117/2016 dated 12.09.2022 (ANNEXURE
R-5)
“CENTRAL ADMINISTRATIVE TRIBUNAL
BANGALORE BENCH, BENGALURU
ORIGINAL APPLICATION NO.170/117/2016
TH
DATED THIS THE 12 DAY OF SEPTEMBER, 2022
……………..
11. A careful perusal of the scheme on the Casual Labourers for grant
of Temporary Status and Regularization Scheme of Government of
India, 1993 as notified by the Ministry of Personnel, Public
Grievances and Pensions indicates the following provisions":-
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1. This scheme shall be called "Casual Labourers (Grant of
Temporary Status and Regularisation) Scheme of Government
of India, 1993."
2. This Scheme will come into force w. e. f. 1.9.1993
3. This scheme is applicable to casual labourers in employment
of the Ministries/Departments of Government of India and their
attached and subordinate offices, on the date of issue of these
orders. But it shall not be applicable to casual workers in
Railways, Department of Telecommunication and Department
of Posts who already have their own schemes.
4. Temporary Status
(i) Temporary status would be conferred on all casual
labourers who are in employment on the date of issue of
this OM and who have rendered a continuous service of at
least one year, which means that they must have been
engaged for a period of at least 240 days (206 days in the
case of offices observing 5 days week).
……………..
12. A careful perusal of provisions under para 4 (i) of the scheme,
indicates that under the scheme "Temporary status would be
conferred on all casual labourers who are in employment on the date
of issue of this OM and who have rendered a continuous service of at
least one year, which means that they must have been engaged for a
period of at least 240 days (206 days in the case of offices observing
5 days week)". It is nowhere stated under the scheme that the period
of one year has to be the financial year.
13. As per the data made available by the respondents themselves, as
a part of the record of the committee which had examined the Muster
Rolls and given a detailed report, the total number of days worked by
the applicant in the calendar year 1988 comes to 243 ½ days. This
therefore exceeds the requirement of being engaged for at least 240
days in a year in the year 1988.
14. It is also not in dispute from the records that the applicant was in
employment on the date of issue of this OM i.e. 01.09.1993. As per
the pleadings made by the applicant which have not been refuted by
the respondents, the applicant has been in employment as a casual
labour since 1986 till date.
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15. Keeping in view the facts noted above, the applicant is entitled to
be covered under the scheme for Grant of Temporary Status and
Regularisation Scheme of 1993. He is also entitled to all other
benefits given under the Scheme right from the date of grant of
Temporary Status.
16. Accordingly, the OA is allowed and the respondents are directed
to grant the status of Temporary Status to the applicant and also
consider granting him all consequential benefits as entitled to him
under the scheme under law.
……………….”
(3) The above Orders of the Bangalore Bench of Hon’ble CAT clearly bring
out the following:
(i) The applicant is squarely covered within the Scheme and therefore is eligible
for Temporary Status in accordance with the Scheme.
(ii) The applicant is entitled to be covered under the Scheme for Grant of
Temporary Status and Regularisation Scheme of 1993. He is also entitled to all
other benefits given under the Scheme right from the date of grant of Temporary
Status .
(4) Thus, it is clear that the applicant is entitled to Temporary Status and all
other consequential benefits under the Scheme. However, the crux of the matter
is the date from which the applicant is entitled to Temporary Status under the
scheme. In this regard, Para 4 of this Scheme is reiterated as follows:
“4. Temporary Status
(i) Temporary status would be conferred on all casual
labourers who are in employment on the date of issue of
this OM and who have rendered a continuous service of at
least one year, which means that they must have been
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OA No.170/00632/2024/CAT/BANGALORE
engaged for a period of at least 240 days (206 days in the
case of offices observing 5 days week)….”
(5) It has been clearly established in the above two cited judgements of this
Tribunal that the applicant had joined in 1988 and he was granted Temporary
Status after the Tribunal came to a conclusion that he had indeed being working
for at least 240 days in each year. The OM, regarding the Scheme designated as
Casual Labourers (Grant of Temporary Status and Regularisation) Scheme of
Government of India, 1993 became effective from 1 September 1993. The OM
categorically states that all casual labourers who have worked for 240 days in a
year are eligible for Temporary Status from the date of the issue of the OM. The
OM was issued in 1993 and hence it is applicable to all casual labourers, who
complete 240 days in a year from 1993 onwards. It has also been reiterated by
the learned counsel for the applicant several times that many of the similarly
situated employees were granted Temporary Status from 12.03.2011. It is also
seen that the same has not been refuted by the learned counsel for the
respondents.
(6) A bare perusal of Annexure A-6 (Pay drawn particulars of the applicant
vis-à-vis his colleagues) and Annexure RJ-1 (RTI Reply) also clearly indicate
that several of the colleagues/juniors of the applicant were granted Temporary
Status earlier to him, and have been getting emoluments more than him. The
learned counsel for the respondents has not furnished any reasons or grounds to
justify how the applicant has been getting less emoluments than those who were
junior to him. The learned counsel for the respondents has also not refuted or
contested the detailed information provided by the learned counsel for the
applicant in Annexure A-6 and RJ-1, nor contested the contention of the learned
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counsel for the applicant that those who were regularised in time were getting
more emoluments than the applicant. Moreover, no justification/grounds or
reasons have been given by the learned counsel for the respondents for granting
TSCL status to the applicant from the date of Order of the Tribunal. This
appears to be totally arbitrary in nature.
(7) Thus, from the above facts and circumstances, it is very clear that this
Tribunal, in its Order dated 12.9.2022 in OA 117/2016 directed that the
applicant should be granted Temporary Status strictly as per the provisions of
the 1993 Scheme as applicable to him. Nowhere does the Order of the Tribunal
say that the applicant should be granted Temporary Status, from the date of its
issue; and the inference drawn by the respondents in this regard is totally wrong.
Accordingly, it is very clear that the applicant is entitled at least to grant TSCL
and payment of all consequential benefits including all arrears from 12.03.2011
which is the date when all other similarly situated employees were granted
TSCL. Hence, it is hereby ordered as follows:
(i) The Office Order bearing No. OA/117/2016-Adm – 999 dated
04.07.2023 (Annexure A-7) is quashed to the extent of grant of
Temporary Status to the applicant, From the date of issue of that Order.
(ii) The respondents are directed to implement the Order dated
12.09.2022 in OA 117/2016 of this Tribunal by giving the applicant
Temporary Status and by granting him arrears of pay and allowances at
par with his colleagues/juniors i.e. from 12.03.2011 onwards.
KOMAL RANI
KOMA CAT Bangalore
2026.11.03
L RANI 12:49:09+05'30'
17
OA No.170/00632/2024/CAT/BANGALORE
(iii) The above directions should be implemented by the respondents
within eight weeks of receipt of the Certified Copy of this order.
(iv) All MAs, if any, stand disposed of accordingly.
(v) No costs.
Sd/-
(SANTOSH MEHRA)
MEMBER (A)
kr
KOMAL RANI
KOMA CAT Bangalore
2026.11.03
L RANI 12:49:09+05'30'