Central Administrative Tribunal - Patna
Amresh Kumar Dubey And Ors vs Nift And Wool Section on 8 August, 2025
1 OA No. 664/2021
CENTRAL ADMINISTRATIVE TRIBUNAL
PATNA BENCH, PATNA
OA No.050/00664/2021
MA No. 662/2021
MA No. 815/2022
MA No. 80/2024
MA No. 197/2024
Reserved on: 31st July, 2025.
Pronounced on: 08.08.2025.
CORAM
HON'BLE MR. KUMAR RAJESH CHANDRA, MEMBER [A]
HON'BLE MR. RAJVEER SINGH VERMA, MEMBER [J]
1. Amresh Kumar Dubey Son of Sri Bhuwneshwar Nath Dubey,
Assistant Accounts, National Institute of Fashion Technology,
Ministry of Textiles, Government of India, NIFT Campus, Mithapur
Farms, Patna-800001, Resident of Vill/P.O.- Bharhopur, PS-Ekma,
District- Saran-841208 (Bihar).
2. Jitendra Kumar Son of Sri Ramshreshth Shukla, Assistant Accounts,
National Institute Fashion of Technology, Ministry of Textiles,
Government of India, NIFT Campus, Mithapur Farms, Patna-
800001, Resident of Near Sunny Great Gril, Kabir Nagar, Power
House, Sanhauli, District-Khagria-851205 (Bihar).
3. Yogesh Kumar Son of Baidyanath Lal Das, Junior Assistant,
National Institute of Fashion Technology, Ministry of Textiles,
Government of India, NIFT Campus, Mithapur Farms, Patna-
800001, Resident of Prem 22, Lata Kunj Apartment, Mahuabagh,
Near Mahila Polytechnic College, Dhanaut, Patna-801506 (Bihar).
4. Narendra Kumar Singh Son of Junior Assistant, National Institute
of Fashion Technology, Ministry of Textiles, Government of India,
NIFT Campus, Mithapur Farms, Patna-800001, Resident of Village-
Sonpura, Po/Ps- Nabinagar, District Aurangabad-824301 (Bihar).
5. Gautam Kumar Son of Sri Sudhir Chaudhary, Junior Assistant
National Institute of Fashion Technology, Ministry of Textiles,
Government of India, NIFT Campus, Mithapur Farms, Patna-
800001, Resident of Village/Post-Barhauna, Ps- Vidyapati Nagar,
District-Samastipur-848503 (Bihar).
6. Prity Sharma D/O Druv Prasad, Junior Assistant, National Institute
of Fashion Technology, Ministry of Textiles, Government of India,
NIFT Campus, Mithapur Farms, Patna-800001, Resident Of Kamla
Opposite- Sadan, Nathvastralay, Lodipur, Po- Patna Gpo, District-
Patna-800001 (Bihar).
7. Alok Kumar Singh Son of Satyendra Singh, Junior Assistant,
National Institute of Fashion Technology, Ministry of Textiles,
Government of India, NIFT Campus, Mithapur Farms, Patna-
800001, Resident of Tiwari Tola, Middle School, Mubarakpur,
District-Saran-841209 (Bihar).
Digitally signed by BINAY PRASAD
DN: C=IN, O="CENTRAL ADMINISTRATIVE
TRIBUNAL, PATNA BENCH", OU=GOVT,
BINAY Phone=
2db6d8b108d2bae82a01fa1fc5ce9758c97b40589
0ef4c43b51f869dc13facc6, PostalCode=800001,
S=Bihar, SERIALNUMBER=
ba6d24fe3a3da3c5ae56c854485bed4fb22387b16
PRASAD
d77535b5f4b8222f07dde3c, CN=BINAY PRASAD
Reason: I attest to the accuracy and integrity of
this document
Location:
Date: 2025.08.08 14:36:51+05'30'
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2 OA No. 664/2021
8. Prashant Kumar Chaudhary Son of Jivan Chaudhary, Junior
Assistant, National Institute of Fashion Technology, Ministry of
Textiles, Government of India, NIFT Campus, Mithapur Farms,
Patna-800001 District-, Resident of Road No.3, Azad Nagar, Lohia
Nagar, Sampatchak, District Patna-800020 (Bihar).
9. Sunil Verma Son of Ramdev Prasad Verma, Junior Assistant,
National Institute of Fashion Technology, Ministry of Textiles,
Government of India, NIFT Campus, Mithapur Farms, Patna-
800001, Resident of Karngarh, PO/PS- Chandramandih, District-
Jamui-811303 (Bihar).
10. Prince Kumar Son of Nathuni Paswan, Lab Assistant, National
Institute of Fashion Technology, Ministry of Textiles, Government
of India, NIFT Campus, Mithapur Farms, Patna-800001, Resident of
Village-Kudhwa, PO-Barheta, District- Samastipur-848302 (Bihar).
11. Akhouri Tribhuwan Sahay Son of Sri Akhori Yamuna Prasad, Junior
Assistant, National Institute of Fashion Technology, Ministry of
Textiles, Government of India, NIFT Campus, Mithapur Farms,
Patna-800001, Resident of C/O Sri Upendra Narayan Singh, Beside
H.No. A/23, Chatterjee Lane, Sadhnapuri, Gardanibagh, Patna-
800001. (Bihar).
12. Vikash Kumar Son of Sant Lal Sharma, Junior Assistant, National
Institute of Fashion Technology, Ministry of Textiles, Government
of India, NIFT Campus, Mithapur Farms, Patna-800001, Resident of
Vill/PO- Nawagarhi District- Munger-811211 (Bihar).
.......... Applicants.
By Advocate: - Shri M.P. Dixit.
-Versus-
1. The of Union India Through the Director General, National Institute of
Fashion Technology, Ministry of Textiles, Government of India, NIFT
Campus, Hauz Khas, Near Gulmohar Park, New-Delhi-110016.
2. The Secretary, Ministry of Textiles, Government of India & Chairman
Board of Governors, National Institute of Fashion Technology, NIFT
Campus, Hauz Khas, Near Gulmohar Park, New-Delhi-110016.
3. The Registrar, National Institute of Fashion Technology, Ministry of
Textiles, Government of India, NIFT Campus, Hauz Khas, Near
Gulmohar Park, New-Delhi-110016.
4. The Director, National Institute of Fashion Ministry Technology, Of
Textiles, Government of India, NIFT Campus, Mithapur Farms, Patna-
800001. (Bihar).
5. The Joint Director, National Institute of Fashion Technology, Ministry
of Textiles, Governemt of India, Nift Campus, Mithapur Farms, Patna-
800001 (Bihar) Respondents.
........ Respondents.
By Advocate: -. Shri Deepak Kumar.
Digitally signed by BINAY PRASAD
DN: C=IN, O="CENTRAL ADMINISTRATIVE
TRIBUNAL, PATNA BENCH", OU=GOVT,
BINAY Phone=
2db6d8b108d2bae82a01fa1fc5ce9758c97b40589
0ef4c43b51f869dc13facc6, PostalCode=800001,
S=Bihar, SERIALNUMBER=
ba6d24fe3a3da3c5ae56c854485bed4fb22387b16
PRASAD
d77535b5f4b8222f07dde3c, CN=BINAY PRASAD
Reason: I attest to the accuracy and integrity of
this document
Location:
Date: 2025.08.08 14:36:51+05'30'
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3 OA No. 664/2021
ORDER
Per:- Rajveer Singh Verma, Member [J]
1. Instant OA has been filed by the applicant for the following reliefs:
"8.1 That your Lordships may graciously be pleased to declare the Notification dated 10.10.2021 as contained in Annexure A/1 in respect of filling the posts on contract basis against which applicants appointed and working, as void, ab initio wrong, discriminatory and in detrimental to the interest/right of applicants.
8.2 That your Lordships may further be pleased to direct/command the respondents to absorb/regularize the services of applicants on the sanctioned posts against which they have been appointed and working. 8.3 That Respondents be further directed to allow the applicants to work against their respective posts till they are finally absorbed/regularized in service under the Respondents.
8.4 That the Respondents be further directed to grant all consequential benefit in favour of the Applicants for which they are legally entitled too. 8.5 Any other relief or reliefs including the cost of the proceeding may be allowed in favour of the Applicants."
2. The brief facts of the case of the applicants as narrated by the applicants in the OA are that they were initially engaged/appointed against their respective posts, such as Assistant Accounts, Junior Assistant and Lab Assistant in between 2014 to 2016 through Placement Agency. They are now working against their respective posts under the Respondent no.4.
3. That the respondent authorities approved the proposal of creation of 29 additional administrative posts at National Institute of fashion Technology (NIFT), Patna Campus on recommendation by the Standing Committee which was communicated by the Respondent No.3 through letter No.NIFT/HO/Estt.II/Creation of Posts/2014 dated 14.01.2016 to the NIFT, Patna Campus.
4. That the Respondent No.4 has issued letter dated 02.02.2017 (Annexure-A/2) soliciting permission of the competent authority i.e. Director General, NIFT, New Delhi to all the NIFT, Patna to have ad-hoc Digitally signed by BINAY PRASAD DN: C=IN, O="CENTRAL ADMINISTRATIVE TRIBUNAL, PATNA BENCH", OU=GOVT, BINAY Phone= 2db6d8b108d2bae82a01fa1fc5ce9758c97b40589 0ef4c43b51f869dc13facc6, PostalCode=800001, S=Bihar, SERIALNUMBER= ba6d24fe3a3da3c5ae56c854485bed4fb22387b16 PRASAD d77535b5f4b8222f07dde3c, CN=BINAY PRASAD Reason: I attest to the accuracy and integrity of this document Location:
Date: 2025.08.08 14:36:51+05'30' Foxit PDF Reader Version: 2025.1.0 4 OA No. 664/2021 appointments for the vacant Group-C Posts. Respondents No.1 has accorded approval the same ide letter dated 20.03.2017. (Annexure-A/3).
5. That the competent authority, the Respondent No.5 has issued one Office Memorandum dated 21.07.2017 whereby all Head of the Departments were requested to fill the Performance Appraisal of employees engaged through Placement Agency, working in NIFT, Patna and forward it up to 24.07.2017. (Annexure-A/4).
6. That the Respondent No.5 has issued one Office Memorandum dated 21.07.2017 whereby all Head of the Departments were requested to fill the Performance Appraisal of employees engaged through Placement Agency, working in NIFT, Patna and forward it up to 24.07.2017.
7. That vide Office Memorandum dated 21.08.2017, a Screening Committee comprising 04 Group-A officers was constituted for consideration to fill up the Ad-hoc appointment on various Group-C sanctioned posts. (Annexure-A/5). Screening Committee was held on 21.0802017 and recommended 28 persons including the applicants. (Annexure-A/6).
8. That the competent authority has issued appointment letter dated 29.08.2017 for appointing the applicants against short Term basis on consolidated salary initially for six months from the date of joining or till the posts is filled by regular incumbent or until further orders, whichever is earlier with further condition that they will govern with Central Civil Service (Conduct) Rules. In this regard it is submitted that applicant No.1 & 2 were appointed against the vacant/sanction post of Assistant Accounts, Digitally signed by BINAY PRASAD DN: C=IN, O="CENTRAL ADMINISTRATIVE TRIBUNAL, PATNA BENCH", OU=GOVT, BINAY Phone= 2db6d8b108d2bae82a01fa1fc5ce9758c97b40589 0ef4c43b51f869dc13facc6, PostalCode=800001, S=Bihar, SERIALNUMBER= ba6d24fe3a3da3c5ae56c854485bed4fb22387b16 PRASAD d77535b5f4b8222f07dde3c, CN=BINAY PRASAD Reason: I attest to the accuracy and integrity of this document Location:
Date: 2025.08.08 14:36:51+05'30' Foxit PDF Reader Version: 2025.1.0 5 OA No. 664/2021 Applicant No.3 to 9, 11 & 12 were appointed against the vacant/sanction post of Junior Assistant and applicant No.10 was appointed against the vacant/sanction post of Lab Assistant and according they joined against their respective posts on 01.09.2017 and subsequently they were posted vide order dated 04.09.2017. Service of the applicants have been extended from time to time till 31.12.2021. (Annexure-A/9 series).
9. Learned counsel for the applicants submits that after working for more than 7-8 years, the services of the applicants have not been regularized whereas the service of one Sri Munna Kumar, Machine Mechanic, NIFT Shilling has been regularized. (Annexure-A/11).
10. That one Notification dated 10.10.2021 has been issued whereby recruitment on contract basis for 03 years have been invited on the same post against which the applicants are working for more than 7-8 years.
(Annexure-A/1).
11. Learned counsel for applicants refers judgment passed by Hon'ble Apex Court in the case of Bhagwati Prasad and other Vs Delhi State Mineral Development Corporation reported in 1990 BBCJ SC 45 para-6, whereby it has been held that if a person even in casual status has allowed to work against a post who completed for more than 03 years on the said post, is liable to be regularized on the post.
12. That applicants submitted their representation dated 27.07.2021, 12.10.2021 and 25.10.2021 for their permanent absorption/regularization on the sanction posts against the post they were appointed on ad-hoc basis since 2017 but no action has been taken. Hence, the OA.
Digitally signed by BINAY PRASAD
DN: C=IN, O="CENTRAL ADMINISTRATIVE TRIBUNAL, PATNA BENCH", OU=GOVT, BINAY Phone= 2db6d8b108d2bae82a01fa1fc5ce9758c97b40589 0ef4c43b51f869dc13facc6, PostalCode=800001, S=Bihar, SERIALNUMBER= ba6d24fe3a3da3c5ae56c854485bed4fb22387b16 PRASAD d77535b5f4b8222f07dde3c, CN=BINAY PRASAD Reason: I attest to the accuracy and integrity of this document Location:
Date: 2025.08.08 14:36:51+05'30' Foxit PDF Reader Version: 2025.1.0 6 OA No. 664/2021
13. Respondents have filed their written statement. The respondents have stated that all the NIFT campuses across the country are only authorized to recruit Group 'C' employees while all Group 'A' and 'B' posts are being recruited an filled up by the Head Office for all its campuses. That initially applicants were engaged/appointed in the NIFT, Patna through Placement Agency.
14. That in view of recommendations dated 20.03.2017 (Annexure-A/3 of OA), the Head Office of NIFT Campus, Patna granted permission to appoint persons either on short term or long-term contract. A committee was formed to evaluate the recommendations made by various departments and the number of employees, including the applicants were shortlisted to be appointee on Ad-hoc basis.
15. The terms and conditions as enumerated in the appointment letters of the Applicants (Annexure-A/7 series) states that the appointment is for 6 months from the date of joining or till the post is filled by regular incumbent or until further orders, whichever is earlier. It does not mention any assurance or promise of absorption. It is further stated that the appointment letters issued in the year 2017 clearly specifies that the engagement in no way entails responsibility of NIFT for permanent absorption/appointment on any posts based on the contractual appointment in NIFT. It further states that if the above terms and conditions are acceptable, you may join NIFT.
16. That the work allocation letter dated 04.09.2017 (Annexure-A/8 series) further clearly states that the appointment is purely on short term contract basis for a period of 6 months from the date of joining or till the Digitally signed by BINAY PRASAD DN: C=IN, O="CENTRAL ADMINISTRATIVE TRIBUNAL, PATNA BENCH", OU=GOVT, BINAY Phone= 2db6d8b108d2bae82a01fa1fc5ce9758c97b40589 0ef4c43b51f869dc13facc6, PostalCode=800001, S=Bihar, SERIALNUMBER= ba6d24fe3a3da3c5ae56c854485bed4fb22387b16 PRASAD d77535b5f4b8222f07dde3c, CN=BINAY PRASAD Reason: I attest to the accuracy and integrity of this document Location:
Date: 2025.08.08 14:36:51+05'30' Foxit PDF Reader Version: 2025.1.0 7 OA No. 664/2021 post is filled up by regular recruitment or until further orders whichever is earlier. It also states that the terms and conditions of the appointment will be amended from time to time. Their ad-hoc period was extended from time to time with a break.
17. It is further stated that there is no such Rule existing till date by which the applicants could be retained to their posts upon which they are working. The period under placement is not a part of NIFT service, hence, counting the years served under placement agency cannot hold any ground of commitment for any absorption by the Institute.
18. That as far as the matter of Mr. Munna Kumar is concerned his services were undertaken on long term contract initially for three years which has been regularized after the due selection process as mentioned in the statute.
19. Rejoinder has been filed by the applicants. More or less similar pleadings have been made as mentioned in the OA. Additionally, it has been stated by the applicants that Sri Munna Kumar was neither engaged by any Advertisement nor regularized through any due process of selection which can be seen from Annexure-A/11 Series and Note Sheet dated 02.12.2009, letter dated 12.06.2018 and 09.07.2018 sent in response to letter dated 24.05.2018 issued by NIFT Head Quarter.
20. It is also stated by the applicants that only difference between Short Term & Long Term is that Employment Period under Short Term is 06 Months whereas the Employment Period under Long Term is for 03 years. It further speaks that after completion of 03 years' service, employees have Digitally signed by BINAY PRASAD DN: C=IN, O="CENTRAL ADMINISTRATIVE TRIBUNAL, PATNA BENCH", OU=GOVT, BINAY Phone= 2db6d8b108d2bae82a01fa1fc5ce9758c97b40589 0ef4c43b51f869dc13facc6, PostalCode=800001, S=Bihar, SERIALNUMBER= ba6d24fe3a3da3c5ae56c854485bed4fb22387b16 PRASAD d77535b5f4b8222f07dde3c, CN=BINAY PRASAD Reason: I attest to the accuracy and integrity of this document Location:
Date: 2025.08.08 14:36:51+05'30' Foxit PDF Reader Version: 2025.1.0 8 OA No. 664/2021 to be considered for regularization whereas in the instant case, applicants have completed more than 07 years un-interruptedly but they are being deprived of the benefit of regularization. In this regard it is submitted that after filing of the instant OA, respondents have put the services of applicants with one day break but the fact is that they have been discharging their duty without any break. Ld. Counsel for applicant prays to allow the OA.
OUR ANALYSIS
21. Perusal of interim order dated 19.03.2024 passed by this Tribunal in the instant OA indicates that the then learned Senior counsel/counsel of the respondents have drawn attention to para 8.1 of the OA, praying to declare the notification dated 10-10-2021 (Annexture-A/1) as void, ab initio, wrong and discriminatory. The learned counsel submitted the notification dated 10.10.2021was withdrawn on 10.12.2023 and hence, the prayer at para 8.1 of became infructuous and in the given circumstances, applicant's main prayer mentioned at para 8.2 for regularization/absorption of them survived. In response of such contentions of the learned counsel of the respondents it was pleaded by the learned counsel of the applicants that applicants have filed MA No. 80 of 2024 praying to stay the notification dated 11.02.2024 (Annexure-P/5).
22. In the said circumstances the prayer of the applicants made in para 8.1 of the OA became infructuous and we declare it as infructuous.
23. Learned counsel of the applicants has submitted at the time of final arguments that the all MAs filed in the OA may be treated as disposed of, Digitally signed by BINAY PRASAD DN: C=IN, O="CENTRAL ADMINISTRATIVE TRIBUNAL, PATNA BENCH", OU=GOVT, BINAY Phone= 2db6d8b108d2bae82a01fa1fc5ce9758c97b40589 0ef4c43b51f869dc13facc6, PostalCode=800001, S=Bihar, SERIALNUMBER= ba6d24fe3a3da3c5ae56c854485bed4fb22387b16 PRASAD d77535b5f4b8222f07dde3c, CN=BINAY PRASAD Reason: I attest to the accuracy and integrity of this document Location:
Date: 2025.08.08 14:36:51+05'30' Foxit PDF Reader Version: 2025.1.0 9 OA No. 664/2021 at this stage, as he does not intend to press the same. Further he submitted for allowing the prayer for joinder of the parties as all the applicants have the similar grievances against the same set of respondents. In these circumstances, all the MAs are disposed of and prayer for joinder of the parties is allowed.
24. In the above backdrop, the prayer remains for our adjudication are only the prayers as mentioned in para 8.2 to 8.5 of the OA.
25. It is an admitted fact that all the applicants are continuously working since 2014 to 2016 in the organization of the respondents initially through placement agency and thereafter since 29.08.2017 on ad-hoc basis against the vacant posts of Group-C after recommendation of a competent Screening Committee, comprising 04 Group- 'A' Officer with the approval of the competent authority.
26. The learned counsel of the applicants has placed reliance upon the order dated 13.07.2023 passed by the Hon'ble Co-ordinate Kolkata Bench of this Tribunal passed in OA No. 163 of 2018 and recent judgment dated 20th December 2024 passed by the Hon'ble Supreme Court in SLP (C) No. 5580 of 2024, titled as Jaggo Vs. Union of India & ors. Further, the Learned counsel also claims similarity with the case of one co-worker, Shri Munna Kumar, whose ad-hoc service has been regularized by the respondents.
27. The judgment passed by the Hon'ble Supreme Court in the case of Jaggo (supra) has significant impact on Labour and Service Law, particularly concerning the regularization of temporary/ad-hoc government employees. The Hon'ble Supreme Court in this judgment addressed the Digitally signed by BINAY PRASAD DN: C=IN, O="CENTRAL ADMINISTRATIVE TRIBUNAL, PATNA BENCH", OU=GOVT, BINAY Phone= 2db6d8b108d2bae82a01fa1fc5ce9758c97b40589 0ef4c43b51f869dc13facc6, PostalCode=800001, S=Bihar, SERIALNUMBER= ba6d24fe3a3da3c5ae56c854485bed4fb22387b16 PRASAD d77535b5f4b8222f07dde3c, CN=BINAY PRASAD Reason: I attest to the accuracy and integrity of this document Location:
Date: 2025.08.08 14:36:51+05'30' Foxit PDF Reader Version: 2025.1.0 10 OA No. 664/2021 exploitation of low-wage, contract-based workers in Group- 'C' and 'D'. The Hon'ble Court's decision favoured the regularization of these temporary/ad-hoc government employees, especially when their work is essential and long term, regardless of the initial hiring status as temporary or contractual.
28. It is understood that the respondents have regularized the service of a co-worker of the applicants (namely Shri Munna Kumar) after completion of five years on long term contract after the recommendation of Screening Committee. Though, the applicants were engaged through placement agency during the period 2014 to 2016 and since 29.08.2017 as short term contract basis, i.e. continuously working for more than ten years or about to ten years.
Conclusions
29. In view of the law laid down by the Hon'ble Supreme Court in the case of Jaggo Vs. Union of India (supra) and the decision of regularization taken by the respondents in the matter of co-worker, Shri Munna Kumar, the case of applicants is having the merits and the respondents are hereby directed to take necessary steps for regularization of the services of the applicants against the posts on which they are continuously working in the organization. The respondents are also directed to implement this order within a period of 06 months from the date of receipt of certified copy of this order.
Digitally signed by BINAY PRASAD
DN: C=IN, O="CENTRAL ADMINISTRATIVE TRIBUNAL, PATNA BENCH", OU=GOVT, BINAY Phone= 2db6d8b108d2bae82a01fa1fc5ce9758c97b40589 0ef4c43b51f869dc13facc6, PostalCode=800001, S=Bihar, SERIALNUMBER= ba6d24fe3a3da3c5ae56c854485bed4fb22387b16 PRASAD d77535b5f4b8222f07dde3c, CN=BINAY PRASAD Reason: I attest to the accuracy and integrity of this document Location:
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30. As a result of above discussion, the OA is allowed in terms of our observations & directions contained in Para-29 above. All pending MAs are also disposed of. No order as to costs.
[Rajveer Singh Verma] [Kumar Rajesh Chandra]
Member [J] Member [A]
BP/-
Digitally signed by BINAY PRASAD
DN: C=IN, O="CENTRAL ADMINISTRATIVE
TRIBUNAL, PATNA BENCH", OU=GOVT,
BINAY Phone=
2db6d8b108d2bae82a01fa1fc5ce9758c97b40589 0ef4c43b51f869dc13facc6, PostalCode=800001, S=Bihar, SERIALNUMBER= ba6d24fe3a3da3c5ae56c854485bed4fb22387b16 PRASAD d77535b5f4b8222f07dde3c, CN=BINAY PRASAD Reason: I attest to the accuracy and integrity of this document Location:
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