Central Administrative Tribunal - Delhi
Kanchan Kapoor And Ors. vs Union Of India (Uoi) And Ors. on 9 May, 2006
ORDER V.K. Agnihotri, Member (A)
1. Heard the learned counsel for the applicants and the respondents on MA No. 865/2006 for interim relief prayed for.
2. Arguments are restrained only to dispose of the Miscellaneous Application filed by the applicants seeking a stay of order passed by Senior Administrative Officer for Station Director, All India Radio, New Delhi as well as and an interim order directing the respondents to maintain status quo as regards the services of the applicants in All India Radio, till the final disposal of the Original Application.
3. The applicants were appointed as Casual Production Assistants/Artists on contract basis between 1987 and 1990 by All India Radio. They have been seeking regularization of their services as Production Assistants, later re-designated as Transmission Executives (TREX for short) in All India Radio. In compliance of order dated 18.09.1992 passed by the Tribunal in OA No. 822/1991, All India Radio prepared and implemented a Scheme for Regularization of Casual Production and General Assistants in All India Radio. Upon being denied regularization in accordance with the said Scheme, the applicants were constrained to seek further relief from the Tribunal, which in its order dated 6.7.1998 in OA No. 2873/1997 et al directed as follows:
In the result, I allow these OAs. Quash the impugned matter/order dated 10.01.1997 informing the applicants in these OAs that they have not been found eligible for regularization under the Scheme approved by the Tribunal and direct the respondents to consider the cases of these applicants for regularization on the assumption that they have been engaged for more than 72 days in a calendar year at one station of All India Radio.
4. This order of the Tribunal was affirmed by the Hon'ble High Court of Delhi in CWP No. 5533/1998 dated 30.10.1998. Thereafter, the respondents proceeded to appoint the applicants to the post of Transmission Executives (G&P) on ad hoc basis through an order dated 3.5.1999, subject to the outcome of the Original Application No. 1582/1998 filed by Shri V.K. Jain and Ors. being General Assistants of Doordarshan. However, subsequently due to an interim order passed on 2.12.1998 by this Tribunal in OA No. 1582/1998 (V.K. Jains case), directing the maintenance of status-quo respondents passed an order dated 20.08.1999 terminating the ad hoc appointment of the applicants.
5. Aggrieved by the Tribunal's decision, the petitioners filed CWP No. 5368/1999 before the Hon'ble High Court of Delhi, which was pleased to stay the order of termination vide order dated 22.09.1999. Thereafter, the Tribunal disposed of the Original Application No. 1582/1998 vide order dated 11.2.2000, directing the respondents to consider the applicants (V.K. Jain and Ors.) for promotion to the posts of TREX (G&P) in terms of All India Radio and Doordarshan (Transmission Executives) Recruitment (Amendment) Rules, 1994.
6. Subsequently, vide order dated 03.02.2000, the Hon'ble High Court was pleased to dispose of petitioners' (applicants herein) CWP No. 5368/1999 inter alia holding that in view of the final order dated 11.2.2000 passed in OA No. 1582/1998, the grievances made in the said Writ Petition did not survive. In the light of this order of the Hon'ble High Court the Senior Administrative Officer for Station Director, in his letter No. DEL-23(2)/06-SVII/988 dated 11.5.2006, communicated the decision of the competent authority stating that the order of termination of the applicants dated 20.08.1999 stands and requested the concerned Heads of Offices to relieve the applicants working in their offices w.e.f. 11.5.2006. Aggrieved by this development, the applicants have filed the M.A. under consideration.
7. The case of the applicants is that there is no observation in the order dated 11.2.2000 (supra) of this Tribunal in OA No. 1582/1998 which restrains the respondents from complying with the directions of the Tribunal in OA No. 2873/1997 dated 6.7.1998 (supra) to regularize the services of the applicants in terms of their Scheme for Regularization (supra).
8. The learned counsel for the respondents have stated that consequent to the order of the Tribunal in OA No. 1582/1998 dated 11.2.2000 and of the Hon'ble High Court of Delhi in CWP No. 5368/1999 dated 3.2.2006, the order of the respondents dated 20.08.1999 stands revived. They have further pointed out that subsequent to the letter relieving the applicants another order has been passed by the respondents dated 11.05.2006, in file No. DEL-23(2)/06-SVII, in which they have promoted certain General Assistants (Junior) in the grade of Transmission Executives (G&P) and some of the substitutes have already joined. A copy of the said order was supplied at the bar.
9. The learned counsel for the respondents has drawn our attention to the decision of the Apex Court in Secretary, State of Karnataka and Ors. v. Umadevi and Ors. , in which it was decided that a temporary employee or casual wage worker is not entitled to be absorbed in regular service and made permanent if original appointment was not made by following due process of selection.
10. Prima facie we find that as per direction of the Tribunal in OA No. 822/1991 dated 18.9.1992 (supra) and OA No. 2873/1997 dated 6.7.1998 (supra), the respondents were required to regularize the services of the applicants in terms of the Scheme for Regularization of Casual Production Assistants and General Assistants in All India Radio on the assumption that they have been engaged for more than 72 days in a calendar year at one Station of All India Radio. The Writ Petition No. 5533/1998, filed by them before the Hon'ble High Court of Delhi challenging the order of the Tribunal in OA No. 2873/1997, was dismissed. The order of the Tribunal dated 6.7.1998 in OA No. 2783/1997, therefore, has attained finality. It has also not been superceded by the decision of this Tribunal in OA No. 1582/1998 dated 11.2.2000 or set aside or overruled by the orders of the Hon'ble High Court of Delhi dated 22.09.1999 (supra) and 03.02.2006 (supra). Further, on account of the order of the Hon'ble High Court of Delhi dated 22.09.1999 (supra) operation of respondents' termination order dated 20.08.1999 was stayed, which was complied with till the impugned order dated 11.05.2006 was issued. In the circumstances, the respondents are bound to provide the relief to the applicants in terms of the order of the Tribunal in OA No. 2873/1997.
11. Thus, prima facie case for granting interim relief prayed for exists. The balance of convenience is also in favour of grant of this relief rather that refusing it. The applicants, who have been working for over 16 years with the respondents, will also suffer irreparable loss and injury if the relief prayed for is not granted at this stage. We, therefore, allow the M.A. No. 865/2006 and operation of respondents' order No. DEL-23(2)/06SVII/988 dated 11.05.2006 is accordingly stayed. The respondents shall maintain status quo ante during the pendency of O.A.
12. Further, taking note of the nature of controversy in this case, we feel that the present Original Application may be decided expeditiously. We, accordingly, direct that the respondents shall file their counter reply in OA No. 601/2006 within a period of four weeks and rejoinder thereto shall be filed by the applicants within two weeks thereafter. The O.A. shall be listed for possible final hearing on 4.7.2006. It is clarified that none of the observations made in the order shall be construed to be an expression of the opinion of this Tribunal on the question involved in the O.A.