Central Administrative Tribunal - Delhi
Laanthoi Maisnam vs Electronics Test And Development ... on 15 September, 2022
1
O.A. No. 163/2022
Item No. 16
Central Administrative Tribunal
Principal Bench, New Delhi
O.A. No. 163/2022
with
O.A. No. 2939/2021
O.A. No. 2946/2021
O.A. No. 176/2022
O.A. No. 2952/2021
O.A. No. 2947/2021
O.A. No. 2953/2021
O.A. No. 2948/2021
O.A. No. 2955/2021
This the 15th day of September, 2022
Hon'ble Mr. R N Singh, Member (J)
Hon'ble Mr. Tarun Shridhar, Member (A)
O.A. No. 163/2022
Laanthoi Maisnam, aged about 30 years,
S/o Sri Maisnam Brajamani, presently
posted as Junior Technical Assistant,
NIELIT, Akampat, Imphal, Manipur.
...Applicant
(By Advocate : Mr. R.B . Gohain)
Versus
1. The Union of India
Represented by the Secretary,
Department of Information and
Technology, Ministry of Communication
and Information Technology, Sanchar
Bhawan, New Delhi- 110 003.
2. The Director General
National Institute of Electronics and
Information Technology (NIELIT)
NIELIT Bhawan, Plot No. 3, PSP Pocket,
Sector 8, Dwarka, New Delhi- 110077.
3. The Executive Director
National Institute of Electronics and
Information Technology (NIELIT),
Imphal, Akampat, Imphal, Manipur- 795001.
...Respondents
(By Advocate: Mr. Hanu Bhaskar)
2
O.A. No. 163/2022
Item No. 16
With
O.A. No. 2939/2021 - Lead case
Sri Tanushree Kalita, aged about 32 years
S/o Sri Dinabandhu Kalita, presently posted as Senior
Technical Assistant, NIELIT Jorhat Extension Centre,
Assam.
...Applicant
(By Advocate : Mr. R.B . Gohain)
Versus
1. The Union of India
Represented by the Secretary,
Department of Information and
Technology, Ministry of Communication
and Information Technology, Sanchar
Bhawan, New Delhi- 110 003.
2. The Director General
National Institute of Electronics and
Information Technology (NIELT)
NIELIT Bhawan, Plot No. 3, PSP Pocket,
Sector 8, Dwarka, New Delhi- 110077.
3. The Director
National Institute of Electronics and
Information Technology (NIELT)
First and Second Floor, Vittiya Bhawan,
Assam Financial Corporation Building, Md.
Shah Road, Paltan Bazar, Guwahati-781001.
...Respondents
(By Advocate: Mr. Hanu Bhaskar)
O.A. No. 2946/2021
Heishnam Ghananjoy Singh, aged about
37 years, S/o Sri Heishnam Subha Singh,
presently posted as Scientist-C (Deputy
Director), NIELIT Churachandpur
Extension Centre, Manipur.
...Applicant
(By Advocate : Mr. R.B . Gohain)
3
O.A. No. 163/2022
Item No. 16
Versus
1. The Union of India
Represented by the Secretary,
Department of Information and
Technology, Ministry of Communication
and Information Technology, Sanchar
Bhawan, New Delhi- 110 003.
2. The Director General
National Institute of Electronics and
Information Technology (NIELIT)
NIELIT Bhawan, Plot No. 3, PSP Pocket,
Sector 8, Dwarka, New Delhi- 110077.
3. The Executive Director
National Institute of Electronics and
Information Technology (NIELIT),
Imphal, Akampat, Imphal, Manipur-
795001.
...Respondents
(By Advocate: Mr. Hanu Bhaskar)
O.A. No. 176/2022
Langonjam Martin Singh, aged about 32
years, S/o Langonjam Nonganjao Singh,
presently posted as Assistant
(Administration), NIELIT, Akampat,
Imphal, Manipur.
...Applicant
(By Advocate : Mr. R.B . Gohain)
Versus
1. The Union of India
Represented by the Secretary,
Department of Information and
Technology, Ministry of Communication
and Information Technology, Sanchar
Bhawan, New Delhi- 110 003.
4
O.A. No. 163/2022
Item No. 16
2. The Director General
National Institute of Electronics and
Information Technology (NIELIT)
NIELIT Bhawan, Plot No. 3, PSP Pocket,
Sector 8, Dwarka, New Delhi- 110077.
3. The Executive Director
National Institute of Electronics and
Information Technology (NIELIT),
Imphal, Akampat, Imphal, Manipur-
795001.
...Respondents
(By Advocate: Mr. Hanu Bhaskar)
O.A. No. 2952/2021
Sri Rakesh Kumar, aged about 37 years
S/o Sri Parmeshwar Singh, presently
posted as Senior Technical Assistant,
NIELIT Jorhat Extension Centre, Assam.
...Applicant
(By Advocate : Mr. R.B . Gohain)
Versus
1. The Union of India
Represented by the Secretary,
Department of Information and
Technology, Ministry of Communication
and Information Technology, Sanchar
Bhawan, New Delhi- 110 003.
2. The Director General
National Institute of Electronics and
Information Technology (NIELIT)
NIELIT Bhawan, Plot No. 3, PSP Pocket,
Sector 8, Dwarka, New Delhi- 110077.
3. The Director
National Institute of Electronics and
Information Technology (NIELT)
First and Second Floor, Vittiya Bhawan,
Assam Financial Corporation Building, Md.
Shah Road, Paltan Bazar, Guwahati-781001.
...Respondents
5
O.A. No. 163/2022
Item No. 16
(By Advocate: Mr. Hanu Bhaskar)
O.A. No. 2947 2021
Laishram Robina Devi, aged about 33
years, D/o Laishram Kesho Singh,
presently posted as Assistant Admn.,
NIELIT Churachandpur Extension Centre,
Manipur.
Applicant
(By Advocate : Mr. R.B . Gohain)
Versus
1. The Union of India
Represented by the Secretary,
Department of Information and
Technology, Ministry of Communication
and Information Technology, Sanchar
Bhawan, New Delhi- 110 003.
2. The Director General
National Institute of Electronics and
Information Technology (NIELIT)
20 CT NIELIT Bhawan, Plot No. 3, PSP Pocket,
Sector 8, Dwarka, New Delhi- 110077.
3. The Executive Director
National Institute of Electronics and
Information Technology (NIELIT),
Imphal, Akampat, Imphal, Manipur-795001.
...Respondents
(By Advocate: Mr. Hanu Bhaskar)
O.A. No. 2953/2021
Sri Ashish Dey Mazumdar, aged about 34
years, S/o Sri Mukesh Joshi
Presently posted as Senior Technical
Assistant, NIELIT Silchar Extension
Centre, Jorhat, Assam.
...Applicant
6
O.A. No. 163/2022
Item No. 16
(By Advocate : Mr. R.B . Gohain)
Versus
1. The Union of India
Represented by the Secretary,
Department of Information and
Technology, Ministry of Communication
and Information Technology, Sanchar
Bhawan, New Delhi- 110 003.
2. The Director General
National Institute of Electronics and
Information Technology (NIELIT)
NIELIT Bhawan, Plot No. 3, PSP Pocket,
Sector 8, Dwarka, New Delhi- 110077.
3. The Director
National Institute of Electronics and
Information Technology (NIELT)
First and Second Floor, Vittiya Bhawan,
Assam Financial Corporation Building, Md.
Shah Road, Paltan Bazar, Guwahati-781001.
...Respondents
(By Advocate: Mr. Hanu Bhaskar)
O.A. No. 2948/2021
Banti Das, aged about 35 years
D/o Sri Mathura Mohan Das,
presently posted as Scientist-C (Deputy Director),
NIELIT Kokrajhar Extension Centre, Assam.
...Applicant
(By Advocate : Mr. R.B . Gohain)
Versus
1. The Union of India
Represented by the Secretary,
Department of Information and
Technology, Ministry of Communication
and Information Technology, Sanchar
Bhawan, New Delhi- 110 003.
7
O.A. No. 163/2022
Item No. 16
2. The Director General
National Institute of Electronics and
Information Technology (NIELT)
NIELIT Bhawan, Plot No. 3, PSP Pocket,
Sector 8, Dwarka, New Delhi- 110077.
3. The Director
National Institute of Electronics and
Information Technology (NIELT)
First and Second Floor, Vittiya Bhawan,
Assam Financial Corporation Building, Md.
Shah Road, Paltan Bazar, Guwahati-781001.
...Respondents
(By Advocate: Mr. Hanu Bhaskar)
O.A. No. 2955/2021
Sri Piyush Joshi, aged about 27 years
S/o Sri Mukesh Joshi, presently posted as
Scientist-B (Assistant Director), NIELIT
Tezpur Extension Centre, Assam.
...Applicant
(By Advocate : Mr. R.B . Gohain)
Versus
1. The Union of India
Represented by the Secretary,
Department of Information and
Technology, Ministry of Communication
and Information Technology, Sanchar
Bhawan, New Delhi- 110 003.
2. The Director General
National Institute of Electronics and
Information Technology (NIELT)
NIELIT Bhawan, Plot No. 3, PSP Pocket,
Sector 8, Dwarka, New Delhi- 110077.
3. The Director
National Institute of Electronics and
Information Technology (NIELT)
First and Second Floor, Vittiya Bhawan,
Assam Financial Corporation Building, Md.
Shah Road, Paltan Bazar, Guwahati-781001.
...Respondents
(By Advocate: Mr. Hanu Bhaskar)
8
O.A. No. 163/2022
Item No. 16
O R D E R (ORAL)
Hon'ble Mr. Tarun Shridhar, Member (A):
These 9 OAs have been taken up together.
The facts and the relief(s) sought in all these 9 OAs are identical as has been confirmed by the learned counsel for the applicant(s) and on his request, all these OAs have been bunched together.
2. Learned counsel for the applicant(s) submits that OA No. 2939/2021 titled Tanushree Kalita Vs. M/o Electronics & Information Technology, be taken up as the lead OA of these bunch of 9 OAs.
3. The only limited difference in the OAs is that though the applicant(s) are similarly placed and seek identical relief(s), the post they are holding are different from each other. However, the facts only with respect to lead OA No. 2939/2021 are being discussed hereinafter.
4. The applicant(s) is engaged as a Senior Technical Assistant in the National Institute of Electronics and Information Technology (NIELIT), which is an organization under the Department of Electronics & Information Technology in the Ministry of Communication and Information Technology, engaged in execution of various 9 O.A. No. 163/2022 Item No. 16 projects of the Ministry. The engagement of the applicant to the said position was made to 30.10.2015 purely on temporary and contract basis for a specific period of two years on consolidated emoluments. However, this engagement has continued since then from time to time without interruption. The applicant apprehends that for some administrative reasons, the respondents may dispense with her services and, hence, has approached this Tribunal seeking the following relief(s) :-
"a. Direct the respondent institute to absorb/regularize the applicant in the post of Senior Technical Assistant.
b. Direct the respondent institute to continue the service of the applicant pending his absorption/regularization in service. c. Any other relief(s) that the Applicant is entitled to in the facts and circumstances of the instant case as may be deemed fit and proper by this Hon'ble Tribunal."
5. During the pendency of the present OA, an interim protection has been granted to the applicant(s) restraining the respondents from dispensing with her services.
6. Learned counsel for the applicant(s) argues that he would not like to press for the relief at 8 (a), i.e., a direction to the respondents to absorb/regularize the applicant(s) at this stage. He submits that what he is seeking as a way of a limited relief during the disposal of this OA, is a direction that the services of the applicant(s) be continued in terms of 10 O.A. No. 163/2022 Item No. 16 already existing terms and conditions of such engagement. He submits that the respondents in their counter reply have averred various financial constraints of the Institution. However, contesting the same, he submits that the annual report of the Institution establishes the sound financial situation of the respondents as also the fact that they are engaged in a large number of activities for which the services of the applicant(s) are essential.
7. Mr. Hanu Bhaskar, learned counsel for the respondents, draws attention to the averments made in the counter reply and submits that they may be taken into consideration while forming any opinion on the limited relief sought for by the learned counsel for the applicant(s) during the course of the hearing. The learned counsel further argues that since the applicant(s) were engaged in a specific project no permanence to the appointment/engagement can be attached. Such engagement is strictly on the basis of availability of work in the said project and the suitability of the applicant(s) to continue in the position as such. He further submits that while the respondents would be inclined to consider continuance of the engagement of the applicant(s) strictly after evaluating the availability of the work and desirability of engaging the applicant(s) for the said 11 O.A. No. 163/2022 Item No. 16 work there would be no promise held out that such engagement would be co-terminus with the life of the project.
8. We have heard the learned counsels for the parties at length and gone through the counter reply filed by the respondents and would like to draw attention specifically to paras 4, 6 and 10 of the same. Briefly, these paras state that initially on account of the activities of the organization, a large number of posts of different categories were advertised and were filled up on temporary/contractual basis. However, on account of certain administrative difficulties, the institute was not able to utilise the funds which were granted to it by the Department of Electronics & Information Technology. For expeditious utilisation, the institute went in for greater number of appointments and expanding its activities. However, against this background, the budgetary resources of the Institute became insufficient, resultantly, the Institute is facing difficulty in managing its mandate and the activities governing the same. This has also impacted the revenue of the Institute which now requires a review of the manpower it has engaged. However, we note that the counter reply emphatically states that there is no proposal to replace the applicant(s) with any other contractual or regular employee. Therefore, the apprehension of the applicant is misplaced. Further, the counter reply also mentions that depending upon the availability of work, the services of the applicant(s) 12 O.A. No. 163/2022 Item No. 16 will be continued on contractual/temporary basis, although the period of such engagement may vary depending upon the volume of the work available. In view of these averments, learned counsel for the applicant argues that the applicant(s) would be satisfied, if a direction is given to the respondents to continue the engagement of the applicant(s) depending upon the availability of work, if not possible in the NIELIT, Jorhat Extension Centre, then in the alternative, in any other Centre of NEILIT, wherever work of similar nature is available and for which the applicant is qualified.
9. After hearing the learned counsels for the parties and carefully going through the documents on record, we dispose of these O.A.s at this initial stage with the consent of the learned counsels. Accordingly, a direction is issued to the respondents to continue the engagement of the applicant(s) in case work as per their qualification and experience is available either at the Jorhat Extension Centre of NIELIT or any other similar centre anywhere in the country. They should also take into consideration the averments they have themselves made in their counter reply that they have no intention to disengage the services of the applicant(s) at present and depending upon the availability of work they intend to continue their engagement, though the period to such engagement may vary from time to time. These O.A.s 13 O.A. No. 163/2022 Item No. 16 are disposed of in terms of the aforesaid directions making it clear that these directions would not confer any right or claim for permanent absorption upon the said post by the applicant(s).
There shall no order as to costs.
(Tarun Shridhar) (R N Singh
Member (A) Member (J)
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