Central Administrative Tribunal - Patna
Rajiv Prasad And Ors vs Textiles on 20 January, 2026
1 OA N0. 634 of 2021
CENTRAL ADMINISTRATIVE TRIBUNAL
PATNA BENCH, PATNA
O.A./050/00634/2021
M.A. No. 644/2021
M.A. No.51 of 2022
Reserved on: 13.12.2025.
Pronounced on: 20.01.2026.
CORAM
HON'BLE MR. JUSTICE NARENDRA KUMAR JOHARI, MEMBER (J)
HON'LE MR. KUMAR RAJESH CHANDRA, MEMBER (A)
1. Rajiv Prasad Son of Sri Chandreshwar Prasad, MTS, National
Institute of Fashion Technology, Ministry of Textiles,
Government of India, NIFT Campus, Mithapur Farms, Patna-
800001, Resident of Rz-143, Ext-2, Prem Nagar, Najafgarh,
South West, Delhi-110043.
2. Amit Kumar Son of Sri Rohiteshwar Kumar, MTS, National
Institute of Fashion Technology, Ministry of Textiles,
Government of India, NIFT Campus, Mithapur Farms, Patna-
800001, Resident of Mithapur, Khagaul Road, Patna-800001
(Bihar).
3. Anil Kumar Das Son of Sahdeo Das, MTS, National Institute of
Fashion Technology, Ministry of Textiles, Government of
India, NIFT Campus, Mithapur Farms, Patna-800001, Resident
of Anaith Mahiya Ara, Po- Anaith Ara, PS-Nawada District-
Bhojpur-802302 (Bihar).
4. Ranjit Kumar Son of Basudev Ram, MTS, National Institute of
Fashion Technology, Ministry of Textiles, Government of
India, NIFT Campus, Mithapur Farms, Patna-800001, Resident
of House No.JKS-G-51, Old Jakkanpur, Ram Dayal Path, PO-
GPO, Patna, District-Patna-800001 (Bihar).
5. Ashok Kumar Son of Sri Paras Ray, MTS, National Institute of
Fashion Technology, Ministry of Textiles, Government of
India, NIFT Campus, Mithapur Farms, Patna-800001, Resident
of Village/-Narayanpur, Post-Rahampur, Ps- Garkha, District-
Saran-841202(Bihar).
6. Ritesh Kumar Son of Sri Sunil Prasad, MTS, National Institute
of Fashion Technology, Ministry of Textiles, Government of
India, NIFT Campus, Mithapur Farms, Patna-800001, Resident
of Vill. -Shivchak, Po/Ps- Fatuha, District-Patna-803201
(Bihar).
7. Rahul Kumar Son of Sri Dev Kumar Devesh, MTS, National
Institute of Fashion Technology, Ministry of Textiles,
Government of India, NIFT Campus, Mithapur Farms, Patna-
Digitally signed by BINAY PRASAD
BINAY
DN: C=IN, O="CENTRAL
ADMINISTRATIVE TRIBUNAL,
PATNA BENCH", OU=GOVT, Phone=
2db6d8b108d2bae82a01fa1fc5ce975
8c97b405890ef4c43b51f869dc13facc
6, PostalCode=800001, S=Bihar,
PRAS SERIALNUMBER=
ba6d24fe3a3da3c5ae56c854485bed4
fb22387b16d77535b5f4b8222f07dde3
c, CN=BINAY PRASAD
Reason: I attest to the accuracy and
AD integrity of this document
Location:
Date: 2026.01.20 17:45:22+05'30'
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2 OA N0. 634 of 2021
800001, Resident of Alinagar, Ps Surajgarha, District-
Lakhisarai-811311 (Bihar. ....... Applicants.
- By Advocate(s): - Shri M.P. Dixit.
-Versus-
1. The Union of India Through the Director General, National
Institute of Fashion Technology, Ministry of Textiles,
Government of India, NIFT Campus, Hauz Khas, Near Gulmohar
Park, New-Delhi-110016.
2. The Secretary, Ministry of Textiles, Government of India &
Chairman Board of Governors, National Institute of Fashion
Technology, NIF Campus, Hauzkhas, Near Gulmohar Park,
New-Delhi-110016.
3. The Registrar, National Institute of Fashion Technology,
Ministry of Textiles, Government of India, NIFT Campus, Hauz
Khas, Near Gulmohar Park, New-Delhi-110016.
4. The Director, National Institute of Fashion Textiles, Ministry of
Technology, Government of India, NIFT Campus, Mithapur
Farms, Patna-800001 (Bihar).
5. The Joint Director, National Institute of Fashion Technology,
Ministry of Textiles, Government of India, NIFT Campus,
Mithapur Farms, Patna-800001.
.......Respondents.
By Advocate(s) :- Shri T.N. Thakur, ld. Sr. CGSC.
ORDER
Per Justice Narendra Kumar Johari, Member (J) :- Present O.A. has been filed by the applicants for the following reliefs:-
"8.1. That your Lordships may graciously be pleased to quash and set aside the Office Memorandum dated 08.07.2021 as contained in Annexure A/1 particularly with respect to shifting of 17 sanctioned posts of MTS to be manned though Outsourcing which is in detrimental to the interest/right of applicants.
8.2. That your Lordships may further be pleased to direct/command the respondents to absorb/regularize the services of applicants on the sanctioned posts of MTS against which they have been appointed and working.
8.3. That Respondents be further directed to allow the applicants to work against their respective posts till they are finally absorbed/regularized in service under the Respondents.
Digitally signed by BINAY PRASAD BINAY DN: C=IN, O="CENTRAL ADMINISTRATIVE TRIBUNAL, PATNA BENCH", OU=GOVT, Phone= 2db6d8b108d2bae82a01fa1fc5ce975 8c97b405890ef4c43b51f869dc13facc 6, PostalCode=800001, S=Bihar, PRAS SERIALNUMBER= ba6d24fe3a3da3c5ae56c854485bed4 fb22387b16d77535b5f4b8222f07dde3 c, CN=BINAY PRASAD Reason: I attest to the accuracy and AD integrity of this document Location:
Date: 2026.01.20 17:45:22+05'30' Foxit PDF Reader Version: 2025.1.0 3 OA N0. 634 of 2021 8.4 That the Respondents be further directed to grant all consequential benefit in favour of the Applicants for which they are legally entitled too. 8.5 Any other relief or reliefs including the cost of the proceeding may be allowed in favour of the Applicants."
2. The factual matrix as argued by learned counsel for the applicants is that they were initially engaged/appointed against their respective posts in between 2009 to 2016 through Placement Agency. They are now working under the Opposite Party No..4.
3. That the respondent authorities approved the proposal of creation of 29 additional administrative posts at National Institute of fashion Technology (NIFT), Patna Campus on recommendation by the Standing Committee which was communicated by the Opposite Party No.3 through letter No.NIFT/HO/Estt.II/Creation of Posts/2014 dated 14.01.2016 to the NIFT, Patna Campus.
4. Thereafter, the Opposite Party No.4 has issued letter dated 02.02.2017 (Annexure-A/2) soliciting permission of the competent authority i.e. Director General, NIFT, New Delhi to all the NIFT, Patna to have ad-hoc appointments for the vacant Group-C Posts. Thereafter, Opposite Party No.1 has accorded approval for the same vide letter dated 20.03.2017. (Annexure-A/3).
5. It is also stated by the applicants that the competent authority, the Opposite Party No.5 has issued one Office Memorandum dated 21.07.2017 whereby all Head of the Departments were requested to fill the Performance Appraisal of employees engaged through Placement Agency, working in NIFT, Patna and to forward it up to 24.07.2017. (Annexure-A/4).
Digitally signed by BINAY PRASAD BINAY DN: C=IN, O="CENTRAL ADMINISTRATIVE TRIBUNAL, PATNA BENCH", OU=GOVT, Phone= 2db6d8b108d2bae82a01fa1fc5ce975 8c97b405890ef4c43b51f869dc13facc 6, PostalCode=800001, S=Bihar, PRAS SERIALNUMBER= ba6d24fe3a3da3c5ae56c854485bed4 fb22387b16d77535b5f4b8222f07dde3 c, CN=BINAY PRASAD Reason: I attest to the accuracy and AD integrity of this document Location:
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6. It is further stated by the counsel for applicants that vide Office Memorandum dated 21.08.2017, a Screening Committee comprising 04 Group-A officers was constituted and Committee was directed to submit its report for recommendation of names of candidate who fulfill the R.R.S. and can be considered for Ad-hoc appointment on various sanctioned posts. (Annexure-A/5). Screening Committee was held on 21.08.2017 and recommended 28 persons including the applicants. (Annexure-A/6).
7. That the competent authority has issued appointment letter dated 29.08.2017 for appointing the applicants against short Term basis on consolidated salary initially for six months from the date of joining or till the posts is filled by regular incumbent or until further orders, whichever is earlier with further condition that they will govern with Central Civil Service (Conduct) Rules. It is further stated that after their appointment, applicants joined against the post of MTS on 01.09.2017 and posted vide order dated 04.09.2017. (Annexure-
A/7 & Annexure/8 series).
8. It is further stated by the counsel for applicants that thereafter the services of applicants have been extended from time to time vide order dated 07.03.2018, 03.09.2018, 06.03.2019, 31.08.2019, 28.02.2020, 02.09.2020, 11.03.2021 and 27.08.2021 till 31.12.2021. (Copy of orders dated 07.03.2018, 03.09.2018, 06.03.2019, 31.08.2019, 28.02.2020, 02.09.2020, 11.03.2021 and 27.08.2021 are being annexed as Annexure A/9 Series). Digitally signed by BINAY PRASAD BINAY DN: C=IN, O="CENTRAL ADMINISTRATIVE TRIBUNAL, PATNA BENCH", OU=GOVT, Phone= 2db6d8b108d2bae82a01fa1fc5ce975 8c97b405890ef4c43b51f869dc13facc 6, PostalCode=800001, S=Bihar, PRAS SERIALNUMBER= ba6d24fe3a3da3c5ae56c854485bed4 fb22387b16d77535b5f4b8222f07dde3 c, CN=BINAY PRASAD Reason: I attest to the accuracy and AD integrity of this document Location:
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9. Learned counsel for the applicants submits that all the applicants have completed more than 7-8 years of service against the sanctioned posts without any adverse remarks but their services have not been regularized whereas the service of one Sri Munna Kumar, Machine Mechanic, NIFT Shilling has been regularized. (Annexure-
A/10).
10. Learned counsel for the applicants has further stated that Opposite Parties had issued impugned Office Memorandum dated 08.07.2021 (Annexure-A/1) whereby 17 sanctioned posts of MTS against which applicants were appointed through due process and working continuously since 01.09.2017 have been ordered to be manned through outsourcing, only to oust the applicants after 31.12.2021. It is further stated that impugned orders issued by the Opposite Parties are discriminatory and in violation of Article 14, 16,21 & 311 of Constitution of India, unjust, irrational, discriminatory, punitive and against the principle of promissory Estoppel and also against the judicial pronouncements.
11. Applicants have submitted their representations dated 12.10.2021 and 25.10.2021 (Annexure-A/11) for their permanent absorption/regularization on the sanctioned posts against the post they were appointed on ad-hoc basis since September 2017. It is also submitted that their representations are still pending before the authority for consideration. It has also been stated by the applicants that the last date of their extension of service was 31.12.2021. Hence, the OA.
Digitally signed by BINAY PRASADBINAY DN: C=IN, O="CENTRAL ADMINISTRATIVE TRIBUNAL, PATNA BENCH", OU=GOVT, Phone= 2db6d8b108d2bae82a01fa1fc5ce975 8c97b405890ef4c43b51f869dc13facc 6, PostalCode=800001, S=Bihar, PRAS SERIALNUMBER= ba6d24fe3a3da3c5ae56c854485bed4 fb22387b16d77535b5f4b8222f07dde3 c, CN=BINAY PRASAD Reason: I attest to the accuracy and AD integrity of this document Location:
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12. Learned counsel for applicants refers the citation of judgment passed by Hon'ble Apex Court in the case of Bhagwati Prasad and other Vs Delhi State Mineral Development Corporation reported in 1990 BBCJ SC 45 para-6.
13. Opposite Parties have filed their written statement. It is stated by the Opposite parties that the order contained in Annexure-A/1 of the O.A. is policy decision by the Head Office and is applicable to all the campuses of the NIFT situated all over India and it does not suffer from any kind of legal vires or impediments.
14. It is further stated by learned counsel for Opposite Parties that all the NIFT campuses across the country are authorized to recruit only Group 'C' employees for all its campuses. Therefore, initially applicants were engaged/appointed in the NIFT, Patna through Placement Agency.
15. It is also stated by the learned counsel for the Opposite Parties that at the initial stage of development of NIFT, there was an acute shortage of employees and Placement Agency was used to provide set of individuals who catered from time to time against different positions mentioned against Group 'C' posts. It is further stated by the counsel that 'NIFT' Patna was having persons to cater against various services in Group 'C' on placements till August 2017. The campus was already planning for recruitment against the sanctioned post and till such was being finalized, the department sought permission from Digitally signed by BINAY PRASAD BINAY DN: C=IN, O="CENTRAL ADMINISTRATIVE TRIBUNAL, PATNA BENCH", OU=GOVT, Phone= 2db6d8b108d2bae82a01fa1fc5ce975 8c97b405890ef4c43b51f869dc13facc 6, PostalCode=800001, S=Bihar, PRAS SERIALNUMBER= ba6d24fe3a3da3c5ae56c854485bed4 fb22387b16d77535b5f4b8222f07dde3 c, CN=BINAY PRASAD Reason: I attest to the accuracy and AD integrity of this document Location:
Date: 2026.01.20 17:45:22+05'30' Foxit PDF Reader Version: 2025.1.0 7 OA N0. 634 of 2021 Head Office to fill up these posts through Ad hoc appointment as an interim measure. As it is a channel of short-term recruitment at NIFT.
16. It is further stated that in view of recommendations dated 20.03.2017 (Annexure-A/3 of O.A.), the Head Office of NIFT Campus, Patna granted permission to appoint persons either on short term or long-term contract. A committee was formed to evaluate the recommendations made by various departments and the number of employees, including the applicants were shortlisted to be appointed on Ad-hoc basis.
17. It is also stated by learned counsel for the Opposite Parties that the terms and conditions enumerated in the appointment letters of the Applicants (Annexure-A/7 series) states that the appointment is for 6 months from the date of joining or till the post is filled by regular incumbent or until further orders, whichever is earlier. It does not mention any assurance or promise of absorption. The appointment letters issued in the year 2017 clearly specifies that the engagement in no way entails responsibility of NIFT for permanent absorption/appointment on any posts based on the contractual appointment in NIFT. It is well settled principle of law that the appointment made on Ad-hoc / tenure posts for a specific period of time comes to an end by efflux of time and the persons holding such post can have no right to continue on the post. After acceptance of terms and conditions stipulated in the appointment letter, applicants were permitted to join on the said post and after efflux of time, it is not proper to say that appointment was made de-hors the Rules and Digitally signed by BINAY PRASAD BINAY DN: C=IN, O="CENTRAL ADMINISTRATIVE TRIBUNAL, PATNA BENCH", OU=GOVT, Phone= 2db6d8b108d2bae82a01fa1fc5ce975 8c97b405890ef4c43b51f869dc13facc 6, PostalCode=800001, S=Bihar, PRAS SERIALNUMBER= ba6d24fe3a3da3c5ae56c854485bed4 fb22387b16d77535b5f4b8222f07dde3 c, CN=BINAY PRASAD Reason: I attest to the accuracy and AD integrity of this document Location:
Date: 2026.01.20 17:45:22+05'30' Foxit PDF Reader Version: 2025.1.0 8 OA N0. 634 of 2021 there is no such Rule existing till date by which the applicants could be retained to their posts upon which they are working. The period under placement is not a part of NIFT service, hence, counting the years served under placement agency cannot hold any ground of commitment for any absorption by the Institute.
18. It is also stated by the counsel for the Opposite Parties that the Code of Conduct for the General Elections in 2019, followed by Pandemic lockdown in 2020 and 2021 and further code of conduct for State Elections in 2020 could not give NIFT Patna an opportunity to advertise and hence the ad-hoc appointments as per the rules available were extended with fresh dates of orders for joining with the same rules and regulations and with at least a day break. This was also due to orders from head office where in recruitment of Group 'C' posts at campuses were placed under abeyance vide order dated 27.11.2020 (Annexure-R/1).
19. It has also been contended that NIFT Patna received its new vacancy position on 09.07.2021 (Annexure-R/2) from the head office with an instruction to see that the recruitment of vacant Group 'C' posts needs to be completed at the earliest. In addition to that there were 24 sanctioned posts of Driver, Electrician, Plumber etc. including 17 posts of MTS, which they need to be appointed through outsource. The context was a decision by The Board of governance NIFT stating that NIFT should not increase its financial liability. The orders are for all the 17 campuses and the HO Pan India. Digitally signed by BINAY PRASAD
BINAY DN: C=IN, O="CENTRAL ADMINISTRATIVE TRIBUNAL, PATNA BENCH", OU=GOVT, Phone= 2db6d8b108d2bae82a01fa1fc5ce975 8c97b405890ef4c43b51f869dc13facc 6, PostalCode=800001, S=Bihar, PRAS SERIALNUMBER= ba6d24fe3a3da3c5ae56c854485bed4 fb22387b16d77535b5f4b8222f07dde3 c, CN=BINAY PRASAD Reason: I attest to the accuracy and AD integrity of this document Location:
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20. It is further stated by the counsel that an order dated 16th August 2021 (Annexure-R/3) was issued by the department instructing all Campuses of NIFT to fill up the sanctioned posts marked as through the outsourced agencies and compliance report to be sent. NIFT PATNA also initiated the process of the finalization of an outsourcing agency through the GEM portal. It is also mentioned that there are new sanctioned posts created for NIFT Patna where in apart from 10 MTS (earlier sanctioned strength] 14 new positions have been added. It is further submitted that since all NIFT campuses were asked to comply with the filling of Group 'C' posts through outsourcing agencies the same was being planned and all Ad-hoc employees were given a period till 31.12.2021 assuming that the finalization of the outsourcing agency will get over by then. The applicants were thus given short term Ad-hoc appointment on contract basis for a fixed period, which were accepted by them and they are legally bound by the same.
21. It has also been mentioned that as far as the matter of Mr. Munna Kumar is concerned his services were undertaken on long term contract initially for three years which has been regularized after the due selection process as mentioned in the statute. Learned counsel also referred the judgment of Hon'ble Supreme Court in the case of Uma Devi Vs. Mohan Lal.
22. Rejoinder has been filed by the learned counsel for applicants.
In reply to W.S. wherein it is stated that the statement made by the Opposite Party regarding Munna Kumar is wrong and further stated Digitally signed by BINAY PRASAD BINAY DN: C=IN, O="CENTRAL ADMINISTRATIVE TRIBUNAL, PATNA BENCH", OU=GOVT, Phone= 2db6d8b108d2bae82a01fa1fc5ce975 8c97b405890ef4c43b51f869dc13facc 6, PostalCode=800001, S=Bihar, PRAS SERIALNUMBER= ba6d24fe3a3da3c5ae56c854485bed4 fb22387b16d77535b5f4b8222f07dde3 c, CN=BINAY PRASAD Reason: I attest to the accuracy and AD integrity of this document Location:
Date: 2026.01.20 17:45:22+05'30' Foxit PDF Reader Version: 2025.1.0 10 OA N0. 634 of 2021 that Shri Munna Kumar was neither engaged by any advertisement nor regularized through any due process of selection.
23. It has also been submitted by the counsel for applicants that services of the applicants have been extended beyond 6 months from time to time till 31.12.2021 and even beyond 31.12.2021 till 05.03.2022 vide order dated 30.12.2021, therefore, it cannot be treated as short term since the applicants are continuing against sanctioned vacancies since 01.09.2017. It is wrong to state that if the posts are being manned by Placement Agency through outsourcing, then government money can be saved. It is a settled law that an ad-hoc or contractual appointee cannot be replaced by another ad-
hoc/contractual appointee.
24. Learned counsel for the applicants has also submitted that in NIFT, Kangra, similarly placed persons who were appointed on short term basis through same source of appointment, they have been regularized against permanent post after recommendation of the committee dated 15.11.2010, therefore, applicants cannot be discriminated.
25. We have heard both the learned counsels for the parties and also perused the records.
26. As per the submissions of counsel for the applicants all the applicants 1 to 7 were initially engaged/appointed as M.T.S. against their respective posts in between 2009 to 2016 through placement agency on ad-hoc appointment for the vacant Group-C posts after Digitally signed by BINAY PRASAD BINAY DN: C=IN, O="CENTRAL ADMINISTRATIVE TRIBUNAL, PATNA BENCH", OU=GOVT, Phone= 2db6d8b108d2bae82a01fa1fc5ce975 8c97b405890ef4c43b51f869dc13facc 6, PostalCode=800001, S=Bihar, PRAS SERIALNUMBER= ba6d24fe3a3da3c5ae56c854485bed4 fb22387b16d77535b5f4b8222f07dde3 c, CN=BINAY PRASAD Reason: I attest to the accuracy and AD integrity of this document Location:
Date: 2026.01.20 17:45:22+05'30' Foxit PDF Reader Version: 2025.1.0 11 OA N0. 634 of 2021 clearance and recommendation of the competent Screening Committee. The appointment of applicants and other candidates was done by the Opposite Parties on short term basis on consolidated salary till the post is filled up by regular incumbent or until further orders whichever is earlier. Also, there was a direction in their appointment order that they will govern with Central Civil Services (Conduct) Rules. Their services have been extended from time to time vide order dated 07.03.2018, 03.09.2018, 06.03.2019, 31.08.2019, 28.02.2020, 02.09.2020, 11.03.2021 and 27.08.2021. Above fact has not been disputed by the counsel for the Opposite Parties.
27. Learned counsel for the applicants has further submitted that from the date of joining, the applicants have completed more than 7-8 years with due satisfaction of all the authorities but their services have not been regularized in spite of the fact that the vacancies in the institution still exists. They were working against the sanctioned posts and their service performance are all along outstanding without any adverse remark whereas in the similarly situated other co-employees at other NIFTs including at Shillong who were appointed by the same method, their services have been regularized permanently against their respective posts. One of them was Munna Kumar, Machine Mechanic, who was working at NIFT Shillong. He was neither engaged by any advertisement nor regularized through any due process of selection.
28. It has also been submitted by learned counsel for the applicants that on oral assurance, the applicants are waiting for regularization against their respective posts. In the meantime, they became shocked Digitally signed by BINAY PRASAD BINAY DN: C=IN, O="CENTRAL ADMINISTRATIVE TRIBUNAL, PATNA BENCH", OU=GOVT, Phone= 2db6d8b108d2bae82a01fa1fc5ce975 8c97b405890ef4c43b51f869dc13facc 6, PostalCode=800001, S=Bihar, PRAS SERIALNUMBER= ba6d24fe3a3da3c5ae56c854485bed4 fb22387b16d77535b5f4b8222f07dde3 c, CN=BINAY PRASAD Reason: I attest to the accuracy and AD integrity of this document Location:
Date: 2026.01.20 17:45:22+05'30' Foxit PDF Reader Version: 2025.1.0 12 OA N0. 634 of 2021 when Office Memorandum dated 08.07.2021 came on screen. By way of said Office Memorandum 17 sanctioned post of M.T.S. were directed to be filled up through outsourcing agency. The Opposite Parties without appointing the employees by recruitment Rules were intending to remove the applicants by appointing the M.T.S. through another outsourcing agency. Therefore, aggrieved by the action of the Opposite Parties, the applicants submitted representation on 12.10.2021 and 25.10.2021 with prayer for their permanent absorption/regularization on the sanction posts against the post they were appointed on ad-hoc basis since September, 2017. But no order has been passed by the authorities concerned.
29. Learned counsel has further submitted that above action of the Opposite Parties is illegal, arbitrary and discriminatory. Applicants were fully acquainted and have gained the experience with the nature of work and they are performing in discharge of their duties that too with hard work with intend to smooth functioning of the institution. Some of them have crossed the age of any other recruitment also. Similarly situated persons, Munna Kumar has been appointed in Pay Band-1 with Grade Pay- Rs. 2400/- and Basic Pay of Rs. 7510/ per month in pay scale of Rs. 5200/- to 20,200/- including D.A., H.R.A., T.A. and other allowance as regular employee whereas the applicants who were similarly situated persons are getting meagre fixed pay. The applicants and their family members are living in a pathetic condition.
30. Learned counsel for the applicants relied on the judgment passed by Hon'ble Apex Court in the judgment of Jaggo Vs. Union Digitally signed by BINAY PRASAD BINAY DN: C=IN, O="CENTRAL ADMINISTRATIVE TRIBUNAL, PATNA BENCH", OU=GOVT, Phone= 2db6d8b108d2bae82a01fa1fc5ce975 8c97b405890ef4c43b51f869dc13facc 6, PostalCode=800001, S=Bihar, PRAS SERIALNUMBER= ba6d24fe3a3da3c5ae56c854485bed4 fb22387b16d77535b5f4b8222f07dde3 c, CN=BINAY PRASAD Reason: I attest to the accuracy and AD integrity of this document Location:
Date: 2026.01.20 17:45:22+05'30' Foxit PDF Reader Version: 2025.1.0 13 OA N0. 634 of 2021 of India & Ors, SLP (C) No. 5580 of 2024 (2024 INSC 1034), whereas learned counsel for Opposite Parties relied upon the judgment passed by Hon'ble Supreme Court in the case of State of Karnataka Vs. Uma Devi (2006) 4 SCC 1. Hon'ble Apex Court in its judgment Jaggo Vs. Union of India (supra) has discussed the earlier judgment passéd in State of Karnataka Vs. Uma Devi (supra) and held in para 26 & 27 that: -
"26. While the judgment in Uma Devi (supra) sought to curtail the practice of backdoor entries and ensure appointments adhered to constitutional principles, it is regrettable that its principles are often misinterpreted or misapplied to principles are often misinterpreted or misapplied to deny legitimate claims of long-serving employees. This judgment aimed to distinguish between "illegal" and "irregular"
appointments. It categorically held that employees in irregular appointments, who were engaged in duly sanctioned posts and had served continuously for more than ten years, should be considered for regularization as a one-time measure. However, the laudable intent of the judgment is being subverted when institutions rely on its dicta to indiscriminately reject the claims of employees, even in cases where their appointments are not illegal, but merely lack adherence to procedural formalities. Government departments often cite the judgment in Uma Devi (supra) to argue that no vested right to regularization exists for temporary employees, overlooking the judgment's explicit acknowledgment of cases where regularization is appropriate. This selective application distorts the judgment's spirit and purpose, effectively weaponizing it against employees who have rendered indispensable services over decades.
27. In light of these considerations, in our opinion, it is imperative for government departments to lead by example in providing fair and stable employment. Engaging workers on a temporary basis for extended periods, especially when their roles are integral to the organization's functioning, not only contravenes international labour standards but also exposes the organization to legal challenges and undermines employee morale. By ensuring fair employment practices, government Digitally signed by BINAY PRASAD BINAY DN: C=IN, O="CENTRAL ADMINISTRATIVE TRIBUNAL, PATNA BENCH", OU=GOVT, Phone= 2db6d8b108d2bae82a01fa1fc5ce975 8c97b405890ef4c43b51f869dc13facc 6, PostalCode=800001, S=Bihar, PRAS SERIALNUMBER= ba6d24fe3a3da3c5ae56c854485bed4 fb22387b16d77535b5f4b8222f07dde3 c, CN=BINAY PRASAD Reason: I attest to the accuracy and AD integrity of this document Location:
Date: 2026.01.20 17:45:22+05'30' Foxit PDF Reader Version: 2025.1.0 14 OA N0. 634 of 2021 institutions can reduce the burden of unnecessary litigation, promote job security, and uphold the principles of justice and fairness that they are meant to embody. This approach aligns with international standards and sets a positive precedent for the private sector to follow, thereby contributing to the overall betterment of labour practices in the country."
31. Hon'ble Court decided the dispute regarding the regularization of the temporary/ad-hoc government employees. The verdict of Hon'ble Court has significant impact on labour and services law in which the Hon'ble Court has considered the prevailing exploitation of low wages contract basis workers in Group-C and D.
32. Learned counsel for the Opposite Parties has stated that the NIFT, Patna was planning for recruitment in accordance with law against the sanctioned post and till such process was being finalized, the applicants were appointed on ad-hoc basis as an interim measure on short term recruitment. The period of employment was fixed for 6 months only from the date of their joining or till post is filled up by regular incumbent or until further orders. The said period has lapsed by efflux of time. Therefore, Office Memorandum dated 08.07.2021 (Annexure-A/1) has been issued in accordance to the policy decision by Head Office of NIFT but he has not denied the fact that after completion of the fixed period the services of applicants were extended by the Opposite Parties from time to time. He has also not stated that applicants are not in service till now.
33. The Opposite Parties have not denied that NIFT Patna evaluated those individuals first who were already working through placement agency and were acquainted with the nature of job. A Digitally signed by BINAY PRASAD BINAY DN: C=IN, O="CENTRAL ADMINISTRATIVE TRIBUNAL, PATNA BENCH", OU=GOVT, Phone= 2db6d8b108d2bae82a01fa1fc5ce975 8c97b405890ef4c43b51f869dc13facc 6, PostalCode=800001, S=Bihar, PRAS SERIALNUMBER= ba6d24fe3a3da3c5ae56c854485bed4 fb22387b16d77535b5f4b8222f07dde3 c, CN=BINAY PRASAD Reason: I attest to the accuracy and AD integrity of this document Location:
Date: 2026.01.20 17:45:22+05'30' Foxit PDF Reader Version: 2025.1.0 15 OA N0. 634 of 2021 committee was formed to evaluate the recommendations made by various departments and the number of employees including applicants was shortlisted to be appointed on ad-hoc. It has also been contended by learned counsel for Opposite Parties the appointment of applicants was done by the NIFT Patna, as according to policy of Head Office of NIFT and their decisions have been complied by the NIFT branches all over the India. The vacancies were existing in NIFT Patna but the appointment of applicants was done only for filling the gap till regular appointment is done. It was ad-hoc basis.
Considering the above submission we can infer that applicants entry in NIFT Patna not from backdoor or void ab initio. Once the NIFT has decided to engage the applicants through placement agency till the recruitment of vacant Group-C posts as per the requirement, therefore, further decision of the authorities to replace the Group-C employees from placement agency to outsourcing neutralizes the policy of NIFT to engage persons to filling the stop gap arrangement.
34. Learned counsel for the applicant has also argued that at present the Opposite Parties are trying to remove the applicants and in their places they are trying to engage some other employees on ad-hoc basis through outsourcing agency. Thereby, they are trying to make another group of persons who shall be compelled to face litigation for their rights as after few years they will replace the proposed workers with some other group of persons which is not justified.
35. It is also submitted by the counsel for applicants that applicants had performed the same work for which the Opposite Parties want to Digitally signed by BINAY PRASAD BINAY DN: C=IN, O="CENTRAL ADMINISTRATIVE TRIBUNAL, PATNA BENCH", OU=GOVT, Phone= 2db6d8b108d2bae82a01fa1fc5ce975 8c97b405890ef4c43b51f869dc13facc 6, PostalCode=800001, S=Bihar, PRAS SERIALNUMBER= ba6d24fe3a3da3c5ae56c854485bed4 fb22387b16d77535b5f4b8222f07dde3 c, CN=BINAY PRASAD Reason: I attest to the accuracy and AD integrity of this document Location:
Date: 2026.01.20 17:45:22+05'30' Foxit PDF Reader Version: 2025.1.0 16 OA N0. 634 of 2021 engage some other persons or even if the Opposite Parties appoints some persons through recruitment rules. The applicants are performing functions which are not any project based or casual in natural. Their functions are the same which is mandatory for smooth functioning of the institutions as well as working of Group-A and B employees of the institution. The task which is being done by the applicants does not necessarily require any use of specific educational qualification.
36. It has also been mentioned by the counsel for the applicants that representation of the applicants is still pending and has not yet been decided by the Head Office and if representation of the applicants has not been decided yet, therefore, any decision for their removal should not be taken without providing an opportunity of hearing to the applicants. It is requirement of principle of natural justice irrespective to the nature of their engagement.
37. Leaned counsel for the applicants has also stated that the applicants are regularly working with the NIFT Patna and no disciplinary action has been taken or complaint has been made against them and they have been successfully performing their duties with satisfaction of their superior authority since long back.
38. Learned counsel for the applicants has also submitted that ratio of judgment of State of Karnataka Vs. Uma Devi is not to do any injustice with such kind of employees which are being suppressed by the concerned authorities but the Hon'ble Court was only intending to Digitally signed by BINAY PRASAD BINAY DN: C=IN, O="CENTRAL ADMINISTRATIVE TRIBUNAL, PATNA BENCH", OU=GOVT, Phone= 2db6d8b108d2bae82a01fa1fc5ce975 8c97b405890ef4c43b51f869dc13facc 6, PostalCode=800001, S=Bihar, PRAS SERIALNUMBER= ba6d24fe3a3da3c5ae56c854485bed4 fb22387b16d77535b5f4b8222f07dde3 c, CN=BINAY PRASAD Reason: I attest to the accuracy and AD integrity of this document Location:
Date: 2026.01.20 17:45:22+05'30' Foxit PDF Reader Version: 2025.1.0 17 OA N0. 634 of 2021 prohibit the backdoor/ illegal entry of employees/workers in any institution and if sympathetic view with broader consideration on their inhuman condition is not taken by the Tribunal, the applicants may suffer a great hardship and irreparable loss as some of the applicants have crossed the age of further employment and if their condition will not be considered according to principle of natural justice as well as law settled by the Apex Court, the applicants and their family members will be compelled to face starvation.
39. As far as the decision on representations of the applicants is concerned, the Opposite Parties have mentioned in Para-32 of their W.S. that representations filed by the applicants have been forwarded to Head Office and response is still awaited.
40. Learned counsel for the applicants has also relied on the decision of this Tribunal in the case of Amresh Kumar Dubey and another Vs. Union of India & another, O.A. No. 664/2021, decided on 08.08.2025, in which this Tribunal has passed order with direction to the Opposite Parties to take necessary steps for regularization of the services of the similarly situated persons against the posts on which they are continuously working in the institution. Learned counsel for applicants has also stated that the said order of the Tribunal has not been set aside by any higher Court.
41. Having given careful consideration to the pleadings, documents placed on record, submissions made by learned counsels for both the parties and law laid down by the Apex Court and earlier decision of the Digitally signed by BINAY PRASAD BINAY DN: C=IN, O="CENTRAL ADMINISTRATIVE TRIBUNAL, PATNA BENCH", OU=GOVT, Phone= 2db6d8b108d2bae82a01fa1fc5ce975 8c97b405890ef4c43b51f869dc13facc 6, PostalCode=800001, S=Bihar, PRAS SERIALNUMBER= ba6d24fe3a3da3c5ae56c854485bed4 fb22387b16d77535b5f4b8222f07dde3 c, CN=BINAY PRASAD Reason: I attest to the accuracy and AD integrity of this document Location:
Date: 2026.01.20 17:45:22+05'30' Foxit PDF Reader Version: 2025.1.0 18 OA N0. 634 of 2021 Tribunal, we are of the considered view that Office Memorandum dated 08.07.2021 (Annexure-A/1) which as far as mentions that all the sanction posts of M.T.S. ( No.17) shall be filled with outsource basis, shall not be given effect and the applicants are entitled to be regularized against the posts on which they are working in NIFT Patna. Hence, the Opposite Parties are directed to take necessary steps for regularization of the services of the applicants against the post on which they are continuously working in the organization of Opposite Party No.4. Opposite Parties are also directed to implement this order within a period of 06 months from the date of receipt of certified copy of this order.
42. Accordingly, O.A. is allowed.
43. All the pending MAs are also disposed of.
44. No orders as to costs.
(Kumar Rajesh Chandra) (Justice Narendra Kumar Johari)
Member (A) Member(J)
BP.
Digitally signed by BINAY PRASAD
BINAY
DN: C=IN, O="CENTRAL
ADMINISTRATIVE TRIBUNAL,
PATNA BENCH", OU=GOVT, Phone=
2db6d8b108d2bae82a01fa1fc5ce975
8c97b405890ef4c43b51f869dc13facc
6, PostalCode=800001, S=Bihar,
PRAS SERIALNUMBER=
ba6d24fe3a3da3c5ae56c854485bed4
fb22387b16d77535b5f4b8222f07dde3
c, CN=BINAY PRASAD
Reason: I attest to the accuracy and
AD integrity of this document
Location:
Date: 2026.01.20 17:45:22+05'30'
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