Central Administrative Tribunal - Bangalore
Nagaraju vs Indian Plywood Industries Research And ... on 29 August, 2023
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OA.No.170/01284/2019/CAT/BANGALORE
CENTRAL ADMINISTRATIVE TRIBUNAL
BANGALORE BENCH, BENGALURU
ORIGINAL APPLICATION NO.170/01284/2019
DATED THIS THE 29TH DAY OF AUGUST, 2023
CORAM:
HON'BLE MRS. JUSTICE S. SUJATHA, MEMBER (J)
HON'BLE MR. RAKESH KUMAR GUPTA, MEMBER (A)
Nagaraju,
S/o late Shri Basappa,
Aged about 42 years,
Working as Skilled Assistant,
Indian Plywood Industries
Research and Training Institute (IPIRTI),
Post Bag No. 2273, HMT Link Road
Off. Tumkur Road, Yeshwanthpur Post,
Bengaluru 560 022
Residing at, 'Srushti Nilaya', No. 27/1,
9th Cross, 1st Main Road,
Jaimaruthinagar, Nandini layout,
Bengaluru 560 096 .... Applicant
(By Shri N.S. Prasad, Advocate)
Vs.
1. Institute of Wood Science
and Technology (IWST)
Malleswaram 18th Cross,
Bangalore 560 003
By its Director
2. Government of India,
By Ministry of Environment
Forest and Climate Change,
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OA.No.170/01284/2019/CAT/BANGALORE
Vayu Wing, 5th Floor,
Indira Paryavaran Bhavan,
Jor Bagh Road, New Delhi 110 003
Represented by its Secretary ...Respondents
(By Shri Vishnu Bhat, Senior Panel Counsel)
O R D E R (ORAL)
PER: JUSTICE S. SUJATHA, MEMBER (J)
This application is filed by the applicant under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs:
"(i) Direct the respondents to regularize the services of the applicant and give him all the benefits flowing there from.
(ii) Pass any such order, or direction or any other relief as this Hon'ble Tribunal deems fit in the interest of justice, equity and fair play in the administration."
2. Briefly stated the facts as narrated by the applicant are that the applicant was working as a casual labourer from 1997 to 2005. In the year 2004, the applications were called for Skilled Assistants (Temporary) and the applicant applied for the same. He was interviewed by the selection committee and was appointed as Skilled Assistant (Temporary) on 15.02.2005. Thereafter, he has been continued in the same post. The last extension is from 01.07.2019 for a period of one year issued by the letter dated 3 OA.No.170/01284/2019/CAT/BANGALORE 01.07.2019. The applicant has made contribution to provident fund as well. In the year 2018, the respondent called for the post of Multi-Tasking Staff and Laboratory Attendant for which the applicant applied and he was interviewed on 23.10.2019 but no information was given about his selection. The applicant has given representations for regularization but in vain. Hence, this application.
3. Learned counsel Shri N.S. Prasad representing the applicant submitted that the applicant is continuously working from 1997. The applicant was paid monthly salary by the original Respondent No. 1 but suddenly after April, 2017 the same was changed from monthly basis to daily wages. The representation submitted by the applicant dated 01.09.2017 to follow the old procedure of monthly basis payment has not yielded any response. The applicant has passed SSLC examination in May, 2012 and has completed the Bachelor of Commerce degree from Gitam University. Thus, the applicant is entitled for regularization having worked for more than 21 years in respondents' organization without a break and having eligible qualifications required for the Skilled Assistant. The applicant was selected to the post of Skilled 4 OA.No.170/01284/2019/CAT/BANGALORE Assistant (Temporary) after interview and later on continued to work in the chemistry laboratory all along without a break. IPIRTI has appointed Shri B.R. Chandrashekar, Shri P. Ravichandra, Shri G.B. Mahadevaiah and Shri Muthukumaran S who were identically situated with applicant but the applicant has been deprived of his legitimate entitlement. Accordingly, seeks for allowing the application.
4. Learned counsel further submitted that during the pendency of the present proceedings, employment notification dated 04.01.2019 was issued inviting the application from eligible candidates for the post of one Multi-Tasking Staff amongst other posts. Another employment notification was notified in the New Indian Express on 26.12.2020 inviting the applications for one post of Multi-Tasking Staff and one post of Laboratory Attendant amongst other posts pursuant to which the applicant has applied for the posts of MTS and Laboratory Attendant but no results were declared. Thus, the learned counsel submits that sans foregoing the applicant's right to claim regularization, it would be suffice if a direction is issued to the respondents to consider the applications submitted by the applicant for the said posts and provide him an 5 OA.No.170/01284/2019/CAT/BANGALORE employment considering 21 years of his unblemished, uninterrupted continuous service with the respondents.
5. Learned counsel Shri Vishnu Bhat representing the respondents submitted the applicant was appointed as Skilled Assistant on temporary basis not against any sanctioned vacant post. The applicant has chosen to continue in employment knowing that his continuous service are on temporary basis under sponsored project only and the same cannot create any right in his favour to claim permanent employment. The appointment/selection process in the respondent organization shall be as per the Recruitment Rules and as per the prescribed procedures.
6. Learned counsel further submitted that Indian Plywood Industries Research and Training Institute (IPIRTI), Bengaluru has merged with the Institute of Wood Science and Technology (IWST), Bengaluru and is renamed as Indian Institute of Wood Technology, Bengaluru. A direction was issued by the Ministry of Environment, Forest and Climate Change to withhold all the recruitment process till the process of merger is completed. The said merger process was completed on 22.10.2022. It is further submitted that Shri Chittepu Srinivas was appointed as Multi- 6
OA.No.170/01284/2019/CAT/BANGALORE Tasking Staff (UR) in terms of the office order dated 28.02.2020. The recruitment process pursuant to the employment notification published in the newspaper - the New Indian Express, Bengaluru edition - on 26.12.2020 has not been completed.
7. We have carefully considered the submissions of the learned counsel appearing for the parties and perused the material on record.
8. Learned counsel for the respondents has placed the original records for perusal. It appears no recruitment proceedings were completed pursuant to the employment notification published on 26.12.2020 due to the directions issued by the Ministry of Environment, Forest and Climate Change, (RT) Division, Government of India owing to the pendency of merger process. It is not in dispute that the merger process has been completed on 22.10.2022 as per the order dated 22.10.2022 of the Ministry of Environment, Forest and Climate Change (RT) Division. Thus, the pending recruitment process to the employment notification dated 26.12.2020 could be completed by the respondents.
9. Given the circumstances, without going into the merits or demerits of the claim of regularization of the applicant, at this 7 OA.No.170/01284/2019/CAT/BANGALORE juncture, we are of the considered view that the interest of justice would be sub-served in directing the respondents to complete the recruitment process pursuant to the employment notification 26.12.2020 published in the newspaper - New Indian Express - in an expedite manner since the applicant has applied for the posts of MTS and Laboratory Attendant on 18.01.2021. Ordered accordingly.
10. Compliance shall be made by the respondents in an expedite manner, in any event, not later than twelve weeks from the date of receipt of certified copy of this order.
11. OA stands disposed of accordingly. No order as to costs.
12. In view of the interim order being in operation till date, we find it appropriate in the interest of justice to extend the same until the recruitment process referred to supra is completed.* *(vide order dated 01.09.2023, Memo 'For being spoken to') (RAKESH KUMAR GUPTA) (JUSTICE S. SUJATHA) MEMBER (A) MEMBER (J) /ksk/