Central Administrative Tribunal - Hyderabad
I S R Hanumantha Rao vs M/O Railways on 24 April, 2019
IN THE CENTRAL ADMINISTRATIVE TRIBUNAL HYDERABAD BENCH HYDERABAD Original Application No. 136/2019 Date of Order : 24.04.2019 Between : LS.R.Nanumantha Rag, S/o Subba Rao, aged 41 years, Occ : Contact Health & Malaria Inspector (Group 'C'), Ofo The Divisional Medical Officer, Sub Divisional Nispital, Rayanapady Wagon Workshop, South Central Rellway Guntupalll, Krishna District, Applicant. And . Union of India, rep. by the he General Manager, South Central Raihway, Rail Nilayam, Secunderabad. x " H é. The Principal Chief Personnel Officer South Central Railway, Ral Nilayam, Secunderabad, 3. The Divisional Rathway Manager, South Central Railway, Viuayawads Division, Vjeyawada. 4. The Chief Workshop Manager, Wagon Workshop, Guntupalll, South Central Railway, Rayanapadu, Krishna District, AB | 5. The Deputy Chief Personne! Officer, Ofo The Chief Workshop Manager. Weaeon Workshop, Guntupalll, South Central Ralway Rayananady, Krishna District, ALP. &.The Senior Divisional Personnel Officer, South Central Railway, Vijayawada Division, Viisyawada. a Respandents. Mek RACV Prasad, Advacate MiN.Srinathe Raa, S.C. for Riys. CORAM: Hon'ble Mrdustice R.Kentha Rag =... | Member [ludl.) Hon'ble Mra. Sudhakar « Member (Admn.) ORAL ORDER
{ As per Hon'ble MrJustice R.kKantha Rao, Member [udl.}) Heard MiB. KM Prasad, learned counsel for the applicant and MrN. Srinatha Rag, learned standing counsel for the respandants. & The applicant was engaged as Health & Malaria Inspector on contract basis fora period of one year vide order dated 11.04.2008 In the resnondent ans af the éonal Raihway.
a Seresning Committes after Aalding an interview. The engagement of the applicant was however with artificial breaks. The apoicant was allawed fo continue in the said post on contract basis 11) 30.00.2078. The Ratway Board laid down a policy extending the scheme to engage contract Health & Moalaris Inspector as Para-Medical Staff til 30406.2019 prescribing the 10 years tenure. The Board's policy dated 17.01.2018 was communicated to ail the menrbers of the divisions by letter dated O8.02.2018. Under the policy the powers fo rs-sngage the contract employees was delegated ta DRMs. His mentioned im the palicy to fl) up the post of Para Medical Inspector with retired employees as 3 ey ¢ Say? ¥ of tenure Ss af the contract employees, subject to the terms and coac S of the policy for a period of ane year shall be considered and # extended, the tenure ay the applicant wil be upto 30.08.2019, However, In terms of the policy the tenure Gi the applicants ought to be extended automatically oH 30.08.2019, bur the services of the applicant were disengaged. Being agerieved by the inaction an the part of the respondents the applicant Hhed OAJLOY6/2018 before the Tribunal. The Tribunal disposed of the OA directing the respendents 2 and 3to consider and dispose of the representations deted 18.05.2018 and 30.08.2018 submitted by the applicant to take him back inte contract service in the ight of the Railway 'Board instructians considering the fact that in other divisions the services of cantract employees have been extended end pass sppropriete orders - period of four weeks from the date of rsceint of the order YThersafter the respondents gassed the impugned order dated 31.01.2019. The impugned order is passed not only in respect of the applicant, but also in respect of 3 other employees, The orders stated that in the Railway Board's letter dated 17.) itis stated that each time they have to engage para-medical staff on contract basis and they need to first explore the feasibility of engaging parasmedical staff and after exhausting this avenue only, consider the recruitment of contract staff fis alse mentioned therein that the recruitment of contract besis dass not confer any right on them for cantinuation in railway employment merely because the scheme of recruiting the contract staff is extended by ralhway Assailing the said order thes applicant fled the present OA seeking a direction to the respandents to is Sent sceedings of re-engagement of the applicant forthwith wef DLOP.Q018 as "Health & Malaria inspector on comtract basis tb 30.06.2019 and silow the applicant to continue in service as per the Railway Board's policy and grant all ansequential benelits.
3. The respondents in their reply statement contended that after the eepiry af the contract period, the applicant hes no right to press for extension. They relied on Ralhway Board letter dated 19.07.2005 to justify their action. In the said letter the respondents stated that the re-engagement of the contract Health & Malaria inspector will be subject to the following conditions :
(} These engagements should be done with the personal and prior approval of the General Manager subject to fulffiment of elieil and ather conditions.
fi) Educational qualifications and age lanit of such contract engagements should be in accordance with thase prescribed for direct recruitment.
{uN The contract engagements should be made against clear vacancies fora maxirnum period of ane year or upto 31.07.2006 or availa of a regularly selected candidate, whichever is sarlier
4. Basing on these instructions iiss contends ed by the resaandents that they will follow the Instructions and call the candidates for walh-in-interview anc the applicant also can appear along with others, Wf he fs eligible his cantract period will be extended basing on the instructions. According to the respondents the age Hnwt for [he post of Para-medical staff is 18-33 years. The applicant, hawever, possessing the educational qualification of 8.$e., (Chemistry), MuSc., {Micro Biology} with Diploma in Public Health and Sanitation and though his performance was graded as outstandir years and therefore there is no scape af extending the contract period,
3. MeK.R.RM Prasad, learned counsel appearing for the applicant submits that in terms of Railway Board's Policy, all other divisions have extended the cantract period of Health & Malaria Inspectors up to 30.06.2019. but th services of the apmicant in Viiayawada division have not been extended. On the ether hand fois contended by the leaned counsel for the respondents that the respondents have to follow the Railway Board instructions dated 19.07.2005. The representations of the applicant have been rejected and therefore no relic! can be granted to the applicant. §t is also further contended that the extension given by the other divisions should not be ¢ binding precedent to the DRM, Vilayawada.
&,. iorequires to be mentioned thet at [he Hime when the apalicant was initially engaged in Para-medical staff ag Health & Malaria Inspector in 2008 he is well within the prescribed age limit. His services though with br . Were extended from me fo time. in this context we are in acceptance with the
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bo May, os ZL \ooozh Oh considering the age mit the original age Le. the age at the time of initia! recruliment hes to be taken imtoe consideration, because the tesure of the contract employee will be cantinued with some breaks. In course of such s kind af service normelly the contract employees wil be unable fo fulfil the age limit prescribed vide letter dated 19.07.2005. Further it is submitted by the (earned counsel for the applicant that in wew of the Railway Soard's letter dated 17.01.2018 the powers are delegated to DRM fo extend the services of cantract employees. The contract semdces of Health & Malaria Inspectors were extended in ather divisions and the same was denied by the respondents in spite of the directions in the earlier OA1O76/2018. His very well established in a cateene of judgements thal a temporary or contract employee cannot be replaced by another contract employes. Therefore the Raihway Soard's letter dated 18.07.2005 prescribes the conditions which are contrary to the settled principles of law, more particularly in case of engagement of contract emplayees. Further in the original contract of employment the railway administration has a enter into fresh contract with the contract Nealth & Malaris Inspector for anather term. hp also states that there is no right for absearption or regularisation in the railway service, H further provides that the service rendered in the capacity of contract Health & Malaria Inspector shall not be counted for any service benent. The department is at Hherty to terminate the contract for betterment of the ore ee career of the employee or on any othe ground.
disengagement af th in the iystant case applicant is nat proper The ralways have to follow the ve have to follow the uniform procedure in extending the contract period of the applicant an par with Rew fo other similarly situated employees. The departmant is proceeding to conduct the walk-in-intery! through contract © employees which i i} up the vacancies of the Health & Malaria inspecté is contrary to law. further the apgicant has to be dealt with fairly and without any d / case of the of the respondents to fill up the rimination. The proposal contract vacancies with contract employees is yopased to settied principles of lew Therefore, the applicant is entitled for extensign of his contract sarvic Ss up to 30.06.2019 as per the engagement letter dated TF OL2O18.
F. The respondents are directed to extend t joes af the applicent on contract besis tH! 30.06.2009 within a riod of two weeks from the date of receipt of the ardes However | yw is mot entitled fer any wages for the period curing which he was disengaged Consequently the OA is allowed ta the extent indicated above nall be no order as to cas There