Wpss/2131/2022 Of Bhupender Singh v. Principal Chief Commissioner Of Income Tax

|**SL.**<br>**No**|**Date**|**Office Notes,**<br>**reports, orders**<br>**or proceedings**<br>**or directions**<br>**and Registrar’s**<br>**order with**<br>**Signatures**||**COURT’S OR JUDGES’S ORDERS**| |---|---|---|---|---| |||||WPSS No. 2131 of 2022<br>**Hon’ble Man oj Ku m ar Tiw ar i, J.**<br>Mr. Prashant Khanna, learned counsel for<br>the petitioner.<br>Mr. Hari Mohan Bhatia, learned counsel<br>for the respondents.<br>According to petitioners they are serving<br>on daily wage as ‘Multi Tasking Staff’ in the<br>Income Tax Department. However, this fact is<br>disputed by learned counsel for respondents<br>and he submits that petitioners are engaged<br>through<br>contractor<br>and<br>they<br>are<br>never<br>engaged directly by the Department.<br>By means of this writ petition, petitioners<br>have sought the following relief: -<br>“(i) Issue a writ, order or direction in the nature<br>of mandamus commanding and directing the<br>respondents<br>to<br>make<br>payment<br>to<br>the<br>petitioners as per the Instructions/ Direction<br>dated 30.07.2019 (contained as Annexure<br>no. 08 to this writ petition).<br>(ii) Issue a writ, order or direction in the nature<br>of mandamus commanding and directing the<br>respondents to pay salary to the petitioners<br>to the tune as the similarly situated daily<br>wagers are getting pursuant to the order<br>dated 29.12.2017 (contained as Annexure<br>no. 03 to this writ petition) as well as order<br>dated 21.04.2022 (contained as Annexure<br>no. 06 to this writ petition).”<br>Learned counsel for the petitioners points<br>out that petitioners have made representation| ||||to the Competent Authority for ventilation of<br>their grievances, however, no decision has<br>been taken in their representation.<br>Learned counsel for the Income Tax<br>Department points out that petitioners have<br>made representation to an Authority, who is<br>not competent for taking any decision. He,<br>submits<br>that<br>the<br>Competent<br>Authority<br>is<br>Principal Commissioner, Income Tax, Bareilly.<br>Having regard to the fact that petitioners<br>are low paid employees, who, due to ignorance<br>have made representation to an Authority,<br>who is not competent for taking decision in the<br>matter, this Court thinks that one more<br>opportunity be given to the petitioners to<br>approach the Competent Authority, by making<br>a representation.<br>Accordingly, writ petition is disposed of<br>with<br>liberty<br>to<br>petitioners<br>to<br>make<br>representation<br>to<br>Principal<br>Commissioner,<br>Income Tax, Bareilly. If petitioners make<br>representation within two weeks from today,<br>decision thereupon shall be taken by Principal<br>Commissioner, as per law, within six weeks<br>from the date of receipt of representation, with<br>certified copy of this order.<br> <br>**( Man oj Ku m ar Tiw ar i, J.)**<br> 15.11.2022<br>Aswal| |---|---|---|---|