Uttarakhand High Court
Ex Sgt Bhagwant Singh Arara vs Union Of India And Others on 3 May, 2017
Author: Rajiv Sharma
Bench: Rajiv Sharma
WPSS No.2446/15 and 2456/15 Hon'ble Rajiv Sharma, J.
Mr. B.S. Adhikari, Advocate for the petitioners.
Mr. Ranjan Ghildiyal, Standing Counsel, Union of India/respondents.
Since the common questions of law and facts are involved in both these petitions, the same have been taken up together and decided by this common order.
Petitioners were appointed on 1.6.2005 as per the Rules notified on 28.4.2003. Their suitability was adjudged by a duly constituted committee. Rule 5 of the Rules reads as under:-
"5. Classification of Employees
(a) All employees shall be under probation during their first year of service. On successful completion of probation, the employees will be termed as permanent.
Services of any employees under probation are liable to be terminated by the employer if the employee was found unfit for performance of assigned duties.
(b) All the employees who have completed one year of probation as on 04 Jan. 2001 will be treated as permanent employees.
(c) All employees, whether under probation or permanent, could be treated at par with government servants employed in CSD as far as pay scales are concerned. The classification of employees and the pay scales is given at Schedule 'A'."
Petitioners have completed their probation satisfactorily. Thereafter, they were treated as permanent employees as per Annexure No.3 dated 30.5.2008 and subsequently on 16.1.2009. The emoluments of the petitioners were also hiked vide Annexure No.CA3 to the counter affidavit, but the same, till date, has not been given effect to.
Petitioners surprisingly, though attained permanent status, have been asked to sign a Deed of Contract/Agreement vide the impugned order dated 5.11.2015.
Petitioners have already been appointed as per the Rules on 1.6.2005. They have been conferred the permanent status, as noticed hereinabove. Petitioners had approached the employer to implement the letter dated 3.4.2013. Thereafter, the respondents have asked the petitioners to sign the Deed of Contract. Signing of such a Deed of Contract would alter the service conditions of the petitioners to their detriment. Their status would be changed from permanent to a contractual appointment. There is a reference to the judgment of Hon. Supreme Court in letter dated 5.11.2015. However, the Hon. Supreme Court has only declared that the petitioners are not the government servants. The action of the respondents asking the petitioners after 10 years of their regular service to sign the Deed of Contract is arbitrary, unreasonable and thus, violative of Articles 14 and 16 of the Constitution of India.
Accordingly, the writ petitions are allowed. Impugned Annexure No.10 dated 5.11.2015 is quashed and set aside. The respondents are directed to give effect to the Circular dated 3.4.2013 (Annexure No.6) within ten weeks from today.
All pending applications stand disposed of in the above terms.
(Rajiv Sharma, J.) 03.05.2017 Rdang