Madras High Court
Union Of India Through The Secretary vs The Central Administrative Tribunal on 21 March, 2012
Author: Elipe Dharma Rao
Bench: Elipe Dharma Rao, M.Venugopal
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 21.03.2012 CORAM THE HONOURABLE MR. JUSTICE ELIPE DHARMA RAO and THE HONOURABLE MR. JUSTICE M.VENUGOPAL Writ Petition No.26493 of 2011 and M.P.Nos.1 of 2011 and 1 of 2012 1.Union of India through the Secretary, Ministry of Personnel, Public Grievances and Pensions, New Delhi. 2.Union of India through the Director, Department of Personnel and Training, Lok Nayak Bhavan, Khan Market, New Delhi-110 003. ... Petitioners. Vs 1.The Central Administrative Tribunal rep. by its Registrar, Chennai-104. 2.Miss.N.Padma Rao 3.Mrs.Krutheka Shankar 4.Mrs.Sundari Rangarajan 5.Mrs.R.Pushpa Latha 6.Mr.R.Menon 7.Mrs.M.Manimegalai 8.Mrs.Marie Dorothy Stanley 9.Mrs.C.V.Rajeswari 10.Mrs.Jaya Pillai 11.Mrs.Sudershan Manocha 12.Mrs.Sarala Vasanth 13.Mrs.N.Kalpagam 14.Mrs.Glory Walker 15.Mrs.Helen Dhanraj ... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Certiorari, to call for the records on the file of the first respondent in connection with O.A.Nos.397 to 410 of 2004 decided on 25.01.2005 and quash the same. For Petitioner : Ms.R.Maheswari, SCGSC For Respondents : Mr.R.Singgaravelan for R2 to R12, R14 and R15. R-1 - Tribunal. O R D E R
(Order of the Court was made by Justice Elipe Dharma Rao.) This writ petition is directed against the common order, dated 25.01.2005, made in O.A.Nos.397 to 410 of 2004, whereby the original applications filed by the applicants, who are respondents 2 to 15 herein, seeking a direction to the respondents therein, who are the petitioners herein, to include their names in the surplus pool, as per the Central Civil Services (Redeployment of Surplus Staff) Rules, 1990 and give them appointment with all backwages from the date of their termination, were allowed and Department was directed to consider the claim of the applicants therein and include their names in the surplus pool and to consider them for redeployment in Government establishments or provide alternative employment or transfer them to any offices under the respondents therein as per the Central Civil Services (Redeployment of Surplus Staff) Rules, 1990 in accordance with their position in the surplus pool, subject to the result of the S.L.P. in C.C.Nos.11346 and 11361 of 2003 before the Hon'ble Supreme Court.
2.The brief facts necessary for the disposal of the writ petition are as follows:-
i.The Combat Vehicle Research Depot Establishment School (in short, 'CVRDE School') was established in the year 1978 at Avadi, Chennai, with initial grant of Rs.63,000/- provided by the Defence Research and Development Organization, for educating the wards of employees of CVRDE, Avadi, as a welfare measure and no child other than the wards of CVRDE employees was admitted in the said School. The respondents 2 to 15 were appointed as contractual employees with specified terms and conditions of service framed by the Management of the School and their pay and allowances, increment, extension etc. were also specified in the terms and conditions framed by the Management Committee of the School, as per which, though their pay scales were at par with those teachers working in Kendriya Vidayala Sangathan, they can be terminated at any time by giving one month's notice.
iii.In the year 1990, some of the employees of the CVRDE School filed O.A.No.592 of 1990 before the Central Administrative Tribunal, Madras Bench, seeking a direction for regularization of their services as regular Government servants with all consequential benefits and the Tribunal dismissed the said original application, as per order dated 26.04.1991 and as the said order was not challenged, it attained finality. On 08.03.2001, a notice was issued for closing the CVRDE School, as it became financially unviable and a notice of termination was issued to respondents 2 to 15 and thereafter, their services came to be terminated on various dates.
v.Aggrieved by the orders of termination, the employees of the CVRDE School have filed O.A.Nos.436 of 2001 etc. batch before the Central Administrative Tribunal. The Tribunal, as per common order dated 26.09.2001, dismissed the original applications and directed the School to pay a reasonable compensation to the employees, against which, the employes of the CVRDE School have filed W.P.No.20179 of 2001 etc. batch before the High Court. The High Court, as per order dated 13.03.2003, disposed of the writ petitions by directing the petitioners therein to make representations to the Department of Personnel and Training within two weeks and the Department was directed to consider the same and dispose of in accordance with the scheme framed under the provisions of the Central Civil Services (Redeployment of Surplus Staff) Rules, 1990. Pursuant to the aforesaid directions, the representations sent by the employees of the CVRDE School were duly considered and rejected on various dates, viz., 13.02.2004, 19.03.2004 and 01.04.2004, on the ground that the rules, referred to above, did not cover the claim of the employees of the CVRDE School.
vii.Aggrieved by the rejection of the representations, the employees of the CVRDE School have filed O.A.Nos.397 to 410 of 2004 before the Central Administrative Tribunal. The Tribunal, as per common order dated 25.01.2005, allowed the original applications and directed the respondents therein to consider the claim of the applicants therein and include their names in the surplus pool and to consider them for redeployment in Government establishments or provide alternative employment or transfer them to any offices under the respondents therein as per the Central Civil Services (Redeployment of Surplus Staff) Rules, 1990 in accordance with their position in the surplus pool, subject to the result of the S.L.P. in C.C.Nos.11346 and 11361 of 2003, which was filed by the Department before the Hon'ble Supreme Court.
ix.Aggrieved by the order passed by the Tribunal, the Department has filed the present writ petition.
3.Heard the learned counsel for the petitioners and the learned counsel for the respondents 2 to 12, 14 and 15.
4.At the time of admission of the writ petition, an order of interim stay of the operation of the impugned order passed by the Central Administrative Tribunal, in O.A.Nos.397 to 410 of 2004, dated 25.01.2005, was granted by this Court on 22.11.2011. The respondents 2 to 12, 14 and 15 have filed vacate stay petition seeking to vacate the interim stay granted by this Court.
5.We have gone through the entire materials placed on record.
6.It is unfortunate that the respondents 2 to 15/workers are knocking the doors of the Central Administrative Tribunal and the High Court and also equally the Hon'ble Supreme Court to get their services regularized in the petitioners' organization, who have accepted the job of imparting education to the children of the employees of the CVRDE (Central Vehicle Research Depot Establishment) at Avadi, way back in the year 1994 and as usual, when the employees have sought for regularization of their services, the petitioners have taken the usual objection of not to regularize their service on the ground that they were not appointed through the process of employment exchange. The Department has also gone to the extent of saying that the CVRDE School, wherein the respondents 2 to 15 are pursuing their job, is not a Government School and it is run by some employees. However, it is an admitted fact, as could be seen from the materials placed on record, that the grant is provided by the Defence Research and Development Organization.
7.On perusal of the records, it is seen that in similar circumstances, when two employees approached the Central Administrative Tribunal, by filing O.A.Nos.854 and 855 of 2002 and got a favourable order, dated 07.04.2004, the Department has filed W.P.Nos.27558 and 27559 of 2004 before the High Court against the said order of the Tribunal and the High Court dismissed the writ petitions filed by the Department and confirmed the order passed by the Tribunal, by holding that, 'the order of the Tribunal in O.A.Nos.854 and 855 of 2002 shall be implemented on or before 16.05.2005 and it is needless to state that continuance of the names of the contesting respondents therein under the surplus pool and give them employment would necessarily depend upon the order to be passed by the Hon'ble Supreme Court in S.L.P.Nos.903 to 918 of 2004 filed by the Department against the order passed by the High Court in W.P.No.20179 of 2001 etc. batch, dated 13.03.2003, filed by the respondents 2 to 15 herein. Later, the said Special Leave Petitions were converted as Civil Appeal No.4667 of 2006 and the same was dismissed as infructuous by the Hon'ble Supreme Court on the ground that the Department has passed the order rejecting the representations moved by the respondents therein without prejudice to their rights and contentions.
8.It is also brought to our notice by the learned counsel for the respondents 2 to 12, 14 and 15/vacate stay petitioners that one Joseph Raj, who is a similarly situated employee, has filed O.A.No.69 of 2004 before the Central Administrative Tribunal, praying for a direction to the Department to select him for appointment to the post of Senior Technical Assistant-A (Library Service) on the basis of his past service in the School run by the CVRDE from 26.08.1985 to 31.08.2001 as per the Central Civil Services (Redeployment of Surplus Staff) Rules, 1990. The Tribunal, as per order dated 10.02.2005, allowed the original application and directed the Department to consider the case of the applicant in the light of the directions issued by the Tribunal as well as the High Court (cited supra) for selection to the post of Senior Technical Assistant-A (Library Science) under the CCS (Redeployment of Surplus Staff) Rules, 1990 and consider his appointment on the basis of the past service rendered by him in the school run by the CVRDE from 26.08.1985 to 31.08.2001. Aggrieved by the said order passed by the Tribunal, the Department has filed W.P.No.13067 of 2005 before the High Court and a Division Bench of this Court has disposed of the writ petition by directing the Department to consider the case of the second respondent therein for appointment to the post of Senior Technical Assistant A (Library Science) under the CCS (Redeployment of Surplus Staff) Rules, 1990, within a period of two months from the date of receipt of a copy of that order. Challenging the said order, the Department has filed S.L.P.(Civil) Nos.14962 and 14963 of 2010 before the Supreme Court. The Hon'ble Supreme Court, as per order dated 14.02.2012, observed as follows:-
"Against the directions issued by the High Court, we do not find any ground to interfere. Petitioners have only been directed to consider the case of the respondent, S.Joseph Raj, in accordance with Rules applicable to him. In view of this, the petitions are dismissed.
We, therefore, direct the petitioners to consider the case of the respondent in the light of the Rules mentioned hereinabove and the previous orders passed in this regard.
Petitioners may do the needful within a period of two months from today under intimation to the respondent."
9.On perusal of the entire materials placed on record, it is seen that the Central Administrative Tribunal has passed the impugned order, considering all the facts and circumstances of the case, against which, the present writ petition has been filed by the Department. When the case of a similarly placed person was considered and accepted by the Honourable Apex Court, it is squarely applicable to the facts and circumstances of the case on hand.
10.Accordingly, following the judgment of the Hon'ble Supreme Court, referred to above, we dispose of this writ petition by directing the petitioners/Department to implement the order passed by the Central Administrative Tribunal, dated 25.01.2005, made in O.A.Nos.397 to 410 within two weeks from the date of receipt of a copy of this order. Connected M.Ps. are closed. However, there will be no order as to costs.
(E.D.R.,J.) (M.V.,J.) 21.03.2012 Index :Yes Website :Yes bs.
ELIPE DHARMA RAO,J.
And M.VENUGOPAL,J.
Bs/ To The Registrar, Central Administrative Tribunal, Chennai-600 104.
W.P.No.26493 of 201121.03.2012