Central Administrative Tribunal - Delhi
Pradeep Kumar Sharma vs National Technical Research ... on 26 July, 2021
1
OA 1371/2021
Item No.7
CENTRAL ADMINISTRATIVE TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
O.A. No. 1371/2021
This the 26th Day of July, 2021
(Through Video Conferencing)
Hon'ble Mr. Justice L. Narasimha Reddy, Chairman
Hon'ble Mr. A.K. Bishnoi, Member (A)
Pradeep Kumar Sharma,
Scientist 'C', Aged : 43 years
S/o Late Shri Satish Chand Sharma,
R/o House No. 2-1/382, Devlok Colony,
New Shivpuri Hapur - 245101 (U.P.)
... Applicant
(By Advocate : Shri Rahul Kaushik)
Versus
1. National Technical Research Organisation (NTRO),
Through its Chairman,
Government of India, Block - III,
Old JNU Campus, New Delhi - 110067.
2. National Technical Research Organisation (NTRO),
Controller of Administration (COA),
Block-III, Old JNU Campus, New Delhi - 110067.
... Respondents
(By Advocate : Shri Hanu Bhaskar)
2
OA 1371/2021
Item No.7
O R D E R (ORAL)
Mr. Justice L. Narasimha Reddy, Chairman :
The applicant was appointed on contractual basis as Scientist 'C' in the National Technical Research Organisation (NTRO), the 1st respondent herein, in the year 2008. Earlier, he filed O.A. No.4212/2014, stating that though he has put in quite a long service in the Organisation, his case was not considered for regularization. Reference was also made to the letter dated 24.06.2013 issued by the respondents, through which the process for regularization was initiated. The O.A. was disposed of on 23.01.2020, directing the respondents to take a final decision as regards the claim of the applicant for regularization in the service.
2. Stating to be in compliance with the direction issued by the Tribunal, the respondents passed an order dated 28.01.2021, rejecting the case of the applicant. It was mentioned that the regularization of a contractual employee cannot be a mode of recruitment by any State, within the meaning of Article 12 of the Constitution of India and a 3 OA 1371/2021 Item No.7 contractual employee cannot be assigned permanence in the Department. Reference was also made to the judgment of the Hon'ble Supreme Court in Secretary, State of Karnataka and Others vs. Umadevi and Others, AIR 2006 SC 1806. Ultimately, his case was rejected. This O.A. is filed challenging the order dated 28.01.2021.
3. The applicant contends that he has completed more than ten years of service in the respondent organization and though there exist vacancies in the respondent organization, his case is not being considered for regularization.
4. Today, we heard Mr. Rahul Kaushik, learned counsel for the applicant and Mr. Hanu Bhaskar, learned counsel for the respondents.
5. The very concept of contractual employment came to be dealt with by the Hon'ble Supreme Court and the Hon'ble High Court, in quite large number of decisions. While in some cases, the practice of taking persons on contractual basis, against regular posts, was deprecated; in some of the cases, directions were issued to create facility of regularization for such employees, by subjecting them to the 4 OA 1371/2021 Item No.7 process of selection and, if necessary, by relaxing the age limit. Barring that, we are yet to know of a judgment where a direction was issued for regularization of contractual employees straightway, just on account of the fact that they worked for a particular length of period. This is particularly so, in a sensitive organization like NTRO.
6. The process commenced in the year 2013 for regular appointment of Scientist 'C'. The applicant was not successful therein. We cannot direct the respondents to regularise the services of the applicant, simply because he was engaged for more than a decade. This is so, even if the performance of the applicant is appreciated. Much would depend upon the existence of the work and the steps taken for regular appointment on the post.
7. We do not find any merit in the O.A. and accordingly the same is dismissed.
(A.K. Bishnoi) (Justice L. Narasimha Reddy)
Member (A) Chairman
/sd/jyoti/vb/akshaya/