Central Administrative Tribunal - Jabalpur
Anamika Sharma vs Union Of India on 30 July, 2015
Reserved CENTRAL ADMINISTRATIVE TRIBUNAL, JABALPUR BENCH JABALPUR (1) Original Application No.200/00491/2015 (2) Original Application No.200/00492/2015 (3) Original Application No.200/00493/2015 (4) Original Application No.200/00494/2015 Jabalpur, this Thursday, the 30th day of July, 2015 SHRI G.P. SINGHAL, ADMINISTRATIVE MEMBER Anamika Sharma, Aged about 30 years, Daughter of Late Shri Radheshyam Sharma, Working as Assistant (Accounts), NIFT, Bhopal, Resident of 21, Sai Hills, Near Amarnath Colony, Kolar Road, Bhopal (M.P.) 462042 -Applicant in OA 200/00491/15 Manish Kumar Bataw, aged about 34 years, Son of Shri Maganlal Bataw, Ex-Attendant R/o H.No.1048, North T.T. Nagar, Banganga, Bhopal (M.P.) -Applicant in OA 200/00492/15 Raj Kumar Yadav, aged bout 33 years, Son of Shri Sukhram Yadav, Ex. Attendant, R/o H.No.35, Residential Quarter Type III, M.P. Bhoj (Open) University Campus, Kolar Road, Bhopal (M.P.) -Applicant in OA 200/00493/15 Milind More, aged about 28 years, Son of Shri Nana More, Ex-Attendant, R/o 290, Aradhna Nagar, Kotra, Sultanabad, Bhopal (M.P.) -Applicant in OA 200/00494/15 (By Advocate Shri Sanjay Singh in all four OAs) V e r s u s
1. Union of India, Through the Secretary, Ministry of Textile, Room No.129, Udyog Bhawan, New Delhi PIN 110011
2. National Institute of Fashion Technology, through its Director NIFT Block M.P. Bhoj Open University Campus, Kolar Road, Bhopal(M.P.)PINCode 462016-Common Respondents in all four OAs (By Advocate Shri Shrey Raj Saxena) (Date of reserving the order:-29.07.2015) COMMON O R D E R Since the facts as well as reliefs prayed for by the applicants are similar in nature, these four cases are being decided by this common order. For the purpose of reference the facts of OA 200/00491/2015 are being taken.
2. The learned counsel for the applicant submitted that the respondents had issued advertisement (Annexure A-1) calling for applications for certain posts to be filled on consolidated remuneration basis at National Institute of Fashion Technology (for brevity NIFT), Bhopal. This advertisement did not mention any time period for which the appointment shall be available. The applicant got selected after going through written test, skill test and interview conducted by the respondents. Thereafter, respondents issued appointment order dated 08.02.2010 (Annexure A-3) which mentioned that employment will be for a period six months from the date of joining. Thereafter the employment was getting extended regularly from time to time. However, vide the impugned order dated 17.06.2015 (Annexure A-10) the applicant has been informed that no extension shall be given beyond 30.06.2015. The respondents had through their communication dated 28.10.2014 (Annexure A-9) recommended for consideration of case of these applicants for regularization on long term contract basis. It has further been mentioned in this letter that their selection was done as per NIFT Recruitment Rules, performance of these employees was satisfactory, and they are sincere and take all initiatives as required from time to time. However, this recommendation has been ignored and the applicants have been denied extension beyond 30.06.2015.
3. The respondents have mentioned in their reply that the applicant was appointed on adhoc contract basis (temporary), on the basis of terms and conditions enumerated in the appointment order dated 08.02.2010. The NIFT statute issued on 11.04.2012 (Annexure A-12) provides that any person on short term contract cannot be continued beyond three years. Honble Supreme Court in the case of Secretary State of Karnataka & Others Vs. Uma Devi and Others, (2006) 4 SCC 1, has held that an employee on contractual appointment, has no entitlement for absorption in regular service, merely on the strength of such continuance. Thus, the Original Applications being without any merit deserve to be dismissed.
4. Heard the learned counsel for the parties and perused their pleadings and documents annexed therewith.
5. It is undisputed that the appointment order dated 08.02.2010 (Annexure A-3) issued to the applicant clearly mentioned that she is being appointed for a period of six months from the date of joining. This order further mentioned in Para 12 that in case the above terms and conditions are acceptable to them, they may join NIFT-Bhopal Centre immediately on receipt of this letter and forward their joining report to Establishment Department, NIFT-Bhopal. Similar orders were issued to the applicants in Original Applications Nos.200/00492, 493 & 494 of 2015. Thus, by accepting the employment, the applicants had conveyed their acceptance to terms and conditions of the appointment order dated 08.02.2010. The learned counsel for the respondents argued that vide the notification dated 11.04.2012 (Annexure A-12), NIFT issued its first statute which provided that the total term of short term appointment shall not exceed three years. Therefore, even though the applicants had been appointed with effect from 08.02.2010, in view of provisions of this statute, their period was not extended after expiry of three years period from the date of this statute i.e. 11.04.2012. He further argued that while it is true that NIFT Bhopal in its letter dated 28.10.2014 (Annexure A-9) had recommended for regularization of services of these employees on long term contract basis, these recommendations could not have been accepted in view of clear provisions of notification dated 11.04.2012.
6. Thus, the applicants have been denied further extension in view of the provisions of statute notified on 11.04.2012 as well as conditions of their appointment as mentioned in their appointment order dated 08.02.2010. In view of it, I do not find any fault in action of respondents in denying further extension to the applicants and passing of the impugned order dated 17.06.2015 (Annexure A-10) in this regard.
7. In this view of the matters, all the four Original Applications are dismissed. No order on costs.
(G.P. Singhal) Administrative Member kc 4 OAs Nos.200/491, 492, 493 & 494/2015 Page 4 of 4