Central Administrative Tribunal - Kolkata
Bijoy Halder vs A & N Admin on 24 January, 2022
1 ----, O.ANNo. 351/26/2015
Ff
i
CENTRAL ADMINISTRATIVE TRIBUNAL
, ; .
| Pay dey PAA
KOLKATA BENCH pL Th ag? as iad
(CIRCUIT AT PORT BLAIR) p Soh ANU
0.A.No. 351/0026/2015 Date of Order: 3U.I- gar
Present: Hon'ble Ms. Bidisha Banerjee, Judicial Member
_eghabairage. Hon'ble Dr. Nandita Chatterejee, Administrative Member -
i fg" . . ; '
pw R . 1..Shri Bijoy Halder S/o Late Ananta Halder,
Ses . Computer Assistant, Grade - B, Presently posted .
at O/o Directorate of Transport.
2. Shri Lab Mondal, S/o Jatin Mondal, Computer
Assistant Grade - B, Presently posted at O/o
Employment office at Port Blair.
_ 3, Shri Sukharanjan Halder, Computer Assistant
Grade - B, Presently posted at O/o Directorate
of Shipping Services.
4. Smti, Sabita Devi, D/o Shri Bub Lall
Computer Assistant Grade - B, Presently posted
at O/o Directorate of Health Services.
5. Shri J. Jino Singh, S/o D. John, Computer
Assistant Grade - B, Presently posted at O/o IT
Cell Department.
6. Shri. Jagat Ram, S/o Bhagat Ram, Computer
Assistant Grade - A, Presently posted at O/o
Tehsildar, Ferrargunj, | |
"7 Smti. Aruna Sanjeev, W/o Shri Sanjeev .
Raghavan, Computer Assistant Grade - A,
Presently posted at the O/o Directorate of
Education. oO
8. Shri. Bimal Dakuya, S/o Shri Sukhamaya
Dakuya, Computer Assistant Grade - A,
Presently posted at O/o Tehsildar, Diglipur.
---Applicants
-Versus-
{
\.
2 " 0,A.No. 351/26/2015
- 1. The Union of India, Ministry of Home Affairs,
New Delhi. .
> The A&N Administration, through the Chief
Secretary A & N Administration Secretariat,
Port Blair.
3. The Secretary (IT), A&N Administration, _
Secretariat, Port Blair. -
4, The Special Secretary | (IT), A&N
Administration, Port Blair.
---Respondents
" For the Applicants: -Mr. G.B.Kumar, Counsel
Fox the Respondents: Mr. K.Rao, Counsel
ORDER
Per: Ms. Bidisha Banerjee, Member (J):
The applicants desire to pursue this case jointly as common facts. and law govern the issue. Seeking regularization of their adhoc service, they have prayed for the following reliefs in this present 0.A.:
"1, An order setting aside the Order bearing No. 111 and dated 30.12.2014 issued by the respondent authorities whereby the request of the applicants for regularization of the adhoc service has been rejected.
2. An order be passed directing the respondent authorities to regularize the adhoc services of the applicants.
3. An order directing the respondent authorities to issue a fresh seniority list after regularization of the adhoc services of the applicants.
4. An order directing the respondents to produce the entire records of the case before this Hon'ble Tribunal for adjudication of the. points at issue and administering conscionable justice;
5. And to pass such further or other order(s) and/or directions(s} as to this Hon'ble Tribunal may deem fit and proper. , 3 0.A:No. 351/26/2015
6. Leave in terms of Rule 4(5) (a) to move the application:
' jointly."
2° Brief facts leading to this O.A. are as under:
That, the A&N Administration with the approval of the Hon'ble Lt.
-Governor had issued an order bearing No. 414 and dated 31st January, 3, 1995 whereby, one post of Sr. Programmer, two post of Jr. Programmer, seven posts of Technical Assistants and four posts of Data Entry Programmers were created and/or sanctioned. To fill up the vacancies against such posts of Sr. Programmer,. Jr. Programmer, Technical Assistant and Data Entry Operator, the office of Depuity Commissioner asked the Employment - -Officer/Employment exchange to Sponsor 'names of eligible candidates. Accordingly, the applicants were sponsored by the Employment Exchange, Port Blair for the post of Technical Assistant and Data Entry Operator. Interview was held « on
30. 03.1995.
That, after completion of the interview and the selection process, departmental selection committee recommended the applicants for ' appointment to the post of Technical Assistant.and Data Entry Operator and upon such recommendation of the Selection committee office of the Deputy Commissioner issued orders bearing No. 465 and 466, both dated 15.05.1995 whereby, the applicants were appointed to the posts of Technical Assistant and Data Entry Operator.
"istry aS a gy, as hg \ Om' c _ Peygq aud eae pune i 4 ; O.A.No. 351/26/2015 That the orders of appointment indicated that such appointment was on adhoc basis and further continuance of the appointee is subject to fulfillment of the provisions of the Recruitment Rules.
Ld. Counsel for the applicant would submit that when the names :
were. sought from the Employment Exchange and selection was. conducted as per rules, it was no were indicated that the recruitment would be on adhoc basis nor was it indicated in the interview call letter that the nature of the appointment would be adhoc.
That the applicants allege that as they possessed the requisite qualifications in terms of the draft recruitment rule and, they were sponsored .by Employment Exchange, Authorities ought to have. appointed them on regular basis with effect from the date of their initial © appointment. The applicants would further allege that the authorities failed to appreciate that such recruitment on the basis: of draft 'yecruitment rules could have been done even on regular basis and that _ the aforesaid proposition of Law is well settled by now.
Be that as it may, vide order dated 18.07.1996, the services of the applicants were regularized w.e.f. 1996, coiupletely ignoring the adhoc services rendered them. | That, the A&N Administration issued an order bearing No. 3153 . and dated 02.08.2001 whereby, the Hon'ble Lt. Governor, A&N Islands ordered formation of an Amalgamated Information Technology Cadre (AITC), under the A&N Administration whereby all isolated Electronic Data Processing Post under the Administration was brought under the 5 O:A.No. 351/26/2015 single cadre. By virtue creation of the aforesaid Amalgamated Cadre, the incumbents who were Junior to the applicants became senior to them.
One Shri Alok Datta, appointed as Computer Assistant, Grade B vide order dated 13.06.1995 under the Directorate of Tribal Welfare on ~ regular basis, was placed above the applicants whereas the applicants, appointed vide order dated 15.05.1995, albeit on adhoc basis, were placed below the said Datta. The applicants allege that when the recruitment process itself did not indicate the adhoc nature of their appointment, and in absence of such provision in the recruitment rule itself, the applicants ought not to adversely affected first as by allowing the incumbents junior to them to steal a March ahead of them in the Amalgamated Cadre, according while ignoring the adhoc service of the _applicants completely whereas the prescribed recruitment process
-mandated filling up of vacancies on regular basis. The applicants submitted representation to the cadre controlling authority requesting that their adhoc services should be regularized from the date of initial appointment, i. e. w.e.f. 15.05.1995.
That, the respondent authorities on 30.12.2014 issued a circular whereby the provisional seniority list with respect to the IT Cadre was circulated, in which the said Shri Aloke Datta, 'appointed on 13.06.1995, was shown senior to the applicants as their adhoc service was not regularized.
6 0.A.No. 351/26/2015'The applicants did not submit any specific objection against the provisional seniority list as the applicants had already submitted representations for regularization of their adhoc services.
That, on the very same day, i.e. on 30.12.2014, the respondent authorities issued an order whereby the representations of the applicants was rejected and it was' communicated that the adhoc services of the applicants could not be regularized. Subsequently, on 03.02.2015 a final seniority list was published ignoring 'the adhoc services of the applicant. Hence, the present 0.A. -
7 3. Per contra, the respondents have attempted to justify their action by way of a reply in the matter. The sum and substance of their argument is that the posts, in question, were created and required to be filled up on urgent basis for preparation of Electoral Data Base/Islander Data Base, Issue of Islander Card and Electoral Photo Identity Card and hence the posts were filled up on ad hoc basis, vide order Nos. 465 and
- 466 dated 15.05.1995 issued by the Additional district Magistrate with the: approval of Deputy Commissioner, District of Andaman and, accordingly, the selection was done inviting applications through Employment Exchange.
4. We have considered the rival contentions and perused the materials on record. | We discern the following:
7 0.A.No. 51/26/2015(i) An order dated 31.1.95, the posts against which the applicants were inducted reveals the sanction for creation of such 'posts as under:
" ANDAMAN AND NICOBAR ADMINISTRA TION SECRETARIAT Dated at Port Blair, the 31% Jan. 1995 . Office Order No.8 In exercise of the powers conferred on him under Schedule Il of the Delegation of Financial Power Rules, 1978 read with ...(not legible) of India, Ministry of Home Affairs letter No, 11011/6/86- ...(not legible}, II dated 09.07.86, the Lt. Governor (Administrator) Andaman and Nicobar Islands has been pleased to sanction the -crection of following temporary posts for the establishment of Deputy Commissioner (Andamans) under Scheme "Issue of Identity Card" included in the Sector "Other Administrative services" of the Annual Plan Programme 1994-95 with immediate effect till 28.02.95 in the first instance subject to the following conditions:-
Continuance of these posts beyond six months from the date of creation is subject to review by AR. Wing. | R/Rs for all the posts are farmed and notified within Services of equal number of daily rated employees are dispensed with, Designation No. of Posts Scale of Pay Senior Programmer 1 Post Rs.1640-60-2600-EB-75-2900 (Computer) Junior Programmer 2 Posts Rs.1400-40-1800-EB-50-2300 (Computer) - , Technical Assistant 7 Posts Rs, 1200-30-1560-EB-40-2040 (Computer) Date Entry Operator 4 Posts Rs. 950-20-1150-EB-25-1500 Total : 14 Posts The expenditure on account of the above mentioned posts is suitable to the Major head 2070 Issue of Identity Card (Plan) in ..(not legible) No. 94, Andaman & Nicobar Islands for the year 94-95, sd/-
(V. Satyadasan) Assistant Secretary (Home) (F No.16-94/93-Home(PF))"
(ii} The employment exchange was requested to sponsor candidates against vacancies. So created, as under:
ke [= pak .
0.A.No. 351/26/2015 "Sub:- Filling up of the posts of Senior Programme (Computer), Junior Programme (Computer), Technical Assistant (Computer) and . Data Entry Operator - Regarding.
KEK Sir, .
Kindly find enclosed herewith 4 Nos form of notification of vacancy fuly filled in with the request to sponsor the names of eligible candidates for the-following posts:-
SLNo, Designation No.of Posts rou
1. Senior Programmer 1 Post B (Computer) 2 Junior Programmer 2 Posts . € (Computer)
3. Technical Asstt. 7 Posts C (Computer} 4, Data Entry Operator 4Posts -- C Total 14 Posts Iam also enclosing herewith a copy each of Recruitment Rules for the above posts for your kind information and necessary action, The names of eligible candidates be sponsored preferably by 17.3.1995 to enable this office to fill the above posts in time."
From above, it is established that the vacancies were filled up through employment exchange in terms of the prevailing recruitment rules (RR in short).
(iii) The prevailing RR is as follows:
" RECRUITMENT RULES FOR THE GROUP 'B' POST ( SENIOR PROGRAMMER JUNDER D.C'S ESTABLISHMENT THE ANDAMAN AND NICOBAR ADMINISTRATION Name of the Post Senior Programmer Total of Post 2- (Two) " Notification Group 'B' Scale of Pay 1640-60-2600-EB-75-2900 Whether Selection or Non-Selection Selection Age limit for Direct Recruitment Below 35 Years ras Whether benefits of added ...(not legible) of service Admissible ...(not legible) Rule 30 of the CCS Rule of 1972 (Pension).
Educational and other qualification required for direct Recruitment Whether age and educational qualifications prescribed for direct recruitment will apply in the case of promote.
Period of Probation, if any.
Method of Recruitment whether D/R or by promotion or by deputation/transfer and percentage of the vacancies to be filled by various methods. :
..(not legible} case of Recruit-
ment by Promotion/Deputation/ Transfer grades from which Promotion/ Transfer/ Deputation to be made. :
..(not legible) & DPC exists, _ what is the ...(not legible).
0.A.No. 351/26/2015
-Does not arise-
B.E/B.Tech. in Computer Science ' from.a recognized University with 1-2 years of experience 'OR Master degree in Computer Science /Computer Application from a Recognized University with 1-2 years of experience.
OR Bachelor's degree in Computer Science/Computer Application from a recognized University with 4 years of experience OR... , Bachelor's degree in any discipline with 1 year Post Graduate Diploma .
in Computer Science/ Computer Application with 4 years of experience OR Diploma in Computer Science (3:
year course after SSC or 2 year course after BSC/Inter-Science).
from a recognized Institute/Board with 4 years experience
-Does not arise-
Two years 100% Direct Recruitment
-Does not arise-
'DPC exists - 1) Deputy Commissioner - Chairman
2) Addl. District Magistrate 10 . O.A.No, 351/26/2015
- Member
3) Labour Commissioner
- Member Only the Names of those candidates sponsored by the Employment Exchange | will be eligible for the selection ' of the post."
(iv) The interview call letter dated 24.03.95 clearly and unambiguously mentions about "An interview for selection of candidates for appointment to the post of Senior Programmer (Computer) / Junior Programmer/Technical Assistant/Data Entry Operator will be held on 30.3.1995 at 3 PM in the Chamber of Deputy Commissioner (Andamans)". It does not indicate that the post was to be filled up as adhoc basis.
(v) The order of appointment dated 15.05.95 mentions the 4 | following:
"On the recommendations of the Selection Committee, the Deputy Commissioner, District of Andamans hereby orders the appointment of the following candidates to the Post of Technical ...(not legible) instant (Computer) on an initial pay of Rs. 1200/- per month in the scale of Rs. 1200-30-1560-EB-40-2040 with effect from, the date of his/her reporting for duty purely on temporary and adhoc basis for a period of six months in the first instance. Their further continuance will be subject to fulfillment of the provisions of the Recruitment Rules as appraved by the Administration. Their appointment is subject to the following terms and conditions :-
Shri Bijoy Halder Shri Lab Mondal Shri Sukhranjan Halder Miss Babita Devi Shri J. Jino Singh MB WANE
6. ,
1. Special Compensatory Allowance as admissible to the persons of his/her category as per the orders of the Govt. of India in force from time to time.
2. Dearness Allowance at Central Govt. Rate mo Il 0.A.No. 351/26/2015
3. Production of certificate of fitness for Govt. Service from the Competent Medical Authority,
4. His/her Character and antecedents being verifiéd by the Police and he/she being found suitable for Govt. Service as a result thereof.
5. Asking an cath of allegiance to the constitution of India or making a solemn affirmation to the effect in the prescribed form
6. He/she will have to serve in any part of the A & N Islands
7. He/she shall be on probation for a period of two years 8 His/her services will be liable to termination at any time on one month notice in writing without assigning any reason thereof.
- Provided that his/her services may also be terminated forthwith and te on such termination he/she will be entitled io claim a sum ; equivalent to the amount of his/her pay plus allowances for the if period of the notice at the same rate at which he/she was drawing their immediately before termination of his/her services or as the case may. be for the period by which such notice falls short of one . month
9. Submitting a declaration in the prescribed form regarding his/her marital status and if he/she has more than one wife living or having a spouse living married in any cases in which such marriages is held void by reasons of which taking place during the life time of such spouse subject to his/her being exempted from the operation of the requirement in this behalf"
(vi) The recruitment Rules were framed in 1996, and notified on | 19.04.96 and the applicants claim to fulfill the prescribed criteria.
yo (vii) By an order dated 18.07.96 their services were regularized as under:
" OFFICE OF THE DEPUTY COMMISSIONER District of Andamans ORDER NO; 593 On the recommendations of the DPC, the Deputy Commissioner, Andaman __ District, hereby orders the regularization of adhoc appointments of the following officials who were appointed vide this Office Order Nos. 464, 465 and 466 all dated 15.5.1995, in the posts as mentioned against each with effect from 19.4,1996 ie. the date on which the Recruitment Rules were notified in the AN Gazette:-
Y ans tray QB) uF » euna?
oS a dg %, Se 12 0.A.No. 351/26/2015 ' SLNo. Name of the Officials Designation of the post.
1. Miss Bindu Raj Junior Programmer (Computer)
2. Shri Gautam Gupta -do-
3. Shri Bijoy Halder _ Technical Assistant (Computer) 4, Shri Lab Mandal -do-
5. Shri - Sukhranjan Halder -do-
6. Miss Babita Devi - -do-
7. Shri. fino Singh -do-
8 Shri fagat Ram Data Entry Operator (Computer)
9. Shri N. Yalluvan -do-
10. Miss Aruna Rani _ do-
11. Shri Bimal Dekuya -do-
Sd/-
Assistant Commissioner (HQ) (F.No. 5-145/89-Estt)"
(viii) The DOPT OM dated 04.11.92 that stimulates important judgement being the, one delivered by the Supreme Court on 2,5.90 (JT-1990(2) SC-26 4) in the case of Class II Direct Recruits Engineering Officers Association vs. State of Maharashtra. In para 47 (A) of the said judgement the Supreme Court has held that v once an incumbent is appointed to a post according to rule, his seniority has to be counted from the date of his appointment and not according to the date of his confirmation.
(ix) The DOPT OM dated 30.03.1988 which says:
"instructions have been issued from time to time by the Department of Personnel & Training requesting all Ministries/ Departments to fill all posts only in accordance. with the prescribed procedure and Recruitment Rules on a_ regular' basis. Consequently, Ministries/Departments are required to ensure that all appointments made on an ad-hec basis are limited to posts which cannot be kept vacant until regular candidates become available. However, it has been . noted that appointments continue to be made on an ad-hoc basis and proposals are being received in this Department for regularization of these appointments on the grounds that the persons concerned have been working against these posts for a long time. This has led to instances where Courts and Tribunals have directed the Government to fix seniority after taking into consideration the period'.of service rendered on an adhoc basis. This unintended benefit of adhoc service sivts tra, ssh os A J)
(x) 13 0.A.No. 351/26/2015 has, therefore, been bestowed to a number of persons whose adhoc promotions have been made on the basis of seniority-cum-fitness, even though the Recruitment Rules for the post may have prescribed promotion by selection."
The DOPT OM dated 03.04.2013 which reads:
"Subject: Ad-hoc Appointment/Promotion -- Review of ~ Regarding.
The undersigned is directed to say that as per the extant policy of the Government, all posts are to be filled in accordance with provisions of the applicable Recruitment Rules/Service Rules.x. ---X x XXX XXX XXX
5. As already provided in this Department's 0.M. No.22011/3/75- Estt.(D) dated 29% October, 1975, and reiterated in 0.M. No.28036/8/87-Estt.(D) dated 30.03.1988 and OM. No.28036/1/2001-Estt.{D) _dated__ 23.07.2001, an ad-hoc appointment .does not bestow on the person a claim for regular 'appointment and the service rendered on ad-hoc basis in the grade concerned also does not count for the purpose of seniority in that grade and for eligibility for promotion to the next higher grade. As per existing provisions, these facts are to be clearly spelt out in the orders of the ad-hoc promotions/ ad-hoc appointments. Therefore, 'such ad-hoc arrangements are neither in the interest of the individuals nor the organizations concerned. It is, thus, not appropriate to resort to ad-hoc arrangements in a routine manner."
(xi) Proceeding of Screening Committee meetings on 10.12.14 which reveals the following:
"That, a meeting of the Screening Committée constituted vide Order No. 74 dated 15/05/2014 was held under the Chairmanship of Special Secretary (IT) on 10.12.2014 at 04.30 pm in the Mini Conference Hall of Secretariat to discuss the representations received from few incumbents of Amalgamated IT Cadre with respect to the date of regularization of their services to the posts held by them.
XXX XXX XXX _ While formation of the cadre, it has been decided that the inter-se-
seniority of the AIT personnel already working in different departments/ offices will be protected and have accordingly been brought out in the said order dated 02.08.2001.
After formation of the cadre, action to finalize the seniority of the AIT Cadre personnel was initiated, The draft seniority list of AIT cadre was circulated to all the members of AIT cadre through their respective HoDs vide letter dated 27/11/2009 with request to submit their claims and objections, if any to this office. The draft seniority list was also _published in A&N Admn.'s website www.and.nic.in, " gnistra tis, is Dy Ce jeunadd™ I4
0.A.No. 351/26/2015 In response to the abbve draft seniority list, altogether 13 incumbents of _AITC submitted their claims and objections. The claims/ objections received by this office were examined and a revised seniority list was prepared. However, the seniority list could not be finalized since services of two staff viz. Smti, Sheela Premji, AM (IT) and Smti. Sudha Rashmi Nair, CA 'A' who were appointed on ad-hoc basis in December, 1998 and June, 1999 respectively were not regularized.4
The ad-hoc services of the above two staffs were regularized retrospectively from their initial date of appointment vide Order No. 82 dated 20/06/2014.
Thereafter the revised draft seniority lists was prepared as follows:-
Representation of Shri Sukranjan Haldar and others.
XXX XXX A, Deputy Manager (IT) [Group-B Gazetted - PB-2 GP - Rs 4600/-] '| S.N. | Name -- of | Date of | Date of | Date of | Date of the Govt. | Birth initial regular confirm . Servant appoint- _ | appoint- ation in ent in the|ment in| the AIT | Govt. the Cadre Service present | ' grade of AIT cadre (1) (2) (3) (4) (5) (6) 1 Shri Abdul | 31.01.1966 | 16.05.1995 | 19.04.1996 -
Rasheed B. Assistant Manager (IT) [Group-B_Non-Gazetted-PB-2_GP-Rs 4200/-] S.N | Name of| Date of | Date of | Date of | Date of the Govt. | Birth initial regular confirmati Servant appoint- appoint- on in the ment in|ment in| AIT Cadre the Govt. | the Service present grade of AIT cadre (1) | (2) (3) (4) (3) . (6) 1 | Shri Ikhlag | 04.10.1970 | 18.08.1997 | 18.08.1997 | 01.09.1999 Ali , 2 | Shri V.N.| 26.01.1974 | 01.12.1998 | 01.12.1998 | 29.04.2011 Rajendran os 3 | Smt. 05.03.1977 | 01.12.1998 | 01.12.1998 | 01.01.2000 Sheela Premji 4 | Shri 01.08.1978 | 25.08.2003 | 25.082003 | 29.04.2011 Shishir Kumar Mishra XXX XXX XXX
0.A.No. 351/26/2015 Shri_Lab Mandal _and_Shri_ Sukhranjan_Halder_ requested for reqularization of ad-hoc period from 16.05.1995 to 18.04.1996 with the reason that they were appointed on ad-hoc basis by following all the recruitment procéss and non-reqularization of above ad-hoc period will affect their qualifying service and pension benefit.
On examination of the representation it was observed that that after merger of isolated EDP posts and formation of AIT Cadre, the seniority position of Shri Aloke Dutta, Computer Assistant Grade 'B' (whose initial Do date of appointment and date of regular appointment is 13.06.1995) LOIN becomes higher than the incumbents who were initially appointed on , , 15.05.1995/16.05.1995 but regularized w.e.f. 19.04.1996.
After detailed deliberation, following decisions were taken by the Committee:- :
The committee after considering various instruction issued by Government of India more particularly to the provision contained in DoPT's OM: No. 20011/5/90- Estt (D) dated 04.11.1992 and OM No. 28036/1/2012-Estt(D) dated 03.04.2013, which stipulates that, 'the seniority of a person regularly appointed to a post according to rule, would be determined by the order of merit indicated at the time of initial appointment" and "an ad-hoc appointment does not bestow on the person a claim for regular appointment and the service rendered on ad-hoc basis in the grade concerned also does not count for the purpose of seniority in that grade and for eligibility for promotion to the next higher grade. Seniority of a person appointed to a post is determinate from the date of regular appointment against such post" came to a conclusion that, the request of Shri Sukranjan Haldar and others for including the period spent on ad-hoc basis while finalizing the seniority _ list cannot be acceded to. Accordingly the committee decided that the _department may dispose off their representation by issuing a reasoned and speaking order." .
It is explicit from above that while Sheela Premji & Rasmi Nair were granted retrospective regularization the applicants were not.
5. It is evident that the applicants never voiced their concern or raised issues of non regularization from initial 'date of adhoc appointment until 2014 when after formation of AIT cadre, amalgamation and merger of all EDP posts was complete and a seniority of incumbents was published, when the applicants realized that they 16
0.A.No, 351/26/2015 have been superceded by. the regularly appointed individuals of 1995 when they were continued as ad hoc 6 of satin rage Ds At hearing Ld. Counsel for the respondents would vociferously object to their claim for antedating their date of appointment to the date SS
-_ feun * of adhoc appointment, and assignment of seniority w.e.f, such date, on the ground that the applicants have failed to implead the Direct recruits of 1995 whose seniority would be affected if the applicants' grievance is 'redressed, and the claim was a belated one. Since their grievance was previous as a belated one rejected not on the poured of delay, their prayer cannot be considered
7. Given that RR was framed in 1996 and came into effect from 19.4.96, the respondents have failed to indicate with sufficient clarity the basis of induction of the persons like Aloke Dutta in 1995 when no Recruitment Rules other than the draft RR in terms of which the applicant were inducted held the field.
8. The respondents have failed to justify that, if non framing of RRin 1995 was the reason why the applicants could not be inducted regularly from 1995, how could others be inducted as Computer Assistant etc. on regular basis before framing of RR in 1996. No scrap of paper has been annexed to substantiate the fact that the incumbents like Aloke Dutta were regularly appointed vide DTe order No. 13 dated 13 6.95 as claimed by their, . -- ee ee . ee ae ee ee ee ee vii .
' ?
17 0.A.No. 351/26/20159. Therefore, to suitably facilitate amelioration of the grievance of the present incumbents, we would direct the respondents to ascertain -
the following.
(i) Whether any final RR -was available in 1995 in terms of . which incumbents of amalgamated Information Technology Cadre:
were inducted on a regular basis in 1995, even before framing of the RR of 19.4.96.
(ii) If an RR existed in 1995, the reason why the services of applicants cannot be regularized w.ef. the date of their initial adhoc appointment.
Based on their revelations, the applicants and such other candidates who are likely to be affected, be accorded a personal hearing and appropriate order in accordance with law be- issued within 3 months.
(Dr. Nandita Chatterjee) 7 (Bidisha Banerjee) Administrative Member _ Judicial Member . RK