Central Administrative Tribunal - Jodhpur
Hitesh Goswami vs National Institute Of Fashion ... on 18 January, 2024
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290/00108/2022
CENTRAL ADMINISTRATIVE TRIBUNAL
JODHPUR BENCH, JODHPUR
Original Application No. 290/00108/2022
Reserved on : 04.12.2023
Date of Pronouncement: 18.01.2024
CORAM
HON'BLE Mr JUSTICE RAMESHWAR VYAS, MEMBER (J)
HON'BLE Dr AMIT SAHAI, MEMBER (A)
1. Hitesh Goswami S/o Sh. Cholgiri Gowsami aged about 30
years, R/o Outside Chandpol Gate, Near Tapariya Bera,
Goverdhan Talab, Chandpol, Jodhpur, working as Junior
Assistant in the Office of National Institute of Fashion
Technology (NIFT) Jodhpur. 302027.
2. Harish Kumar S/o Sh. Mahendra Singh aged about 38
years, R/o 4-N-57, KBHB, Jodhpur working as Junior
Assistant in the office of National Institute of Fashion
Technology (NIFT) Jodhpur 342027.
......Applicants
By Advocate : Mr Kamal Dave.
Versus
1. Union of India, through the Secretary, Ministry of Textile,
Govt. of India, New Delhi-110011.
2. National Institute of Fashion Technology (NIFT), Hauzkhas,
New Delhi, through its Director General.110016.
3. Direction, National Institute of Fashion Technology (NIFT)
Jodhpur (Ministry of Textile, Government of India, NIFT
Campus Karwar, Jodhpur). 342027.
......Respondents
By Advocate : Mr K.S. Yadav.
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290/00108/2022
ORDER
Per : Hon'ble Mr Justice Rameshwar Vyas Being aggrieved by the Notification dated 09.04.2022 (Annex. A/1), whereby applications were invited for the post of Junior Assistant to be filled up on 'Regular' basis at National Institute of Fashion Technology (NIFT), Jodhpur Campus, the applicants who are holding two posts of Junior Assistants on 'Short Term Contract' basis, have preferred this OA.
2. The facts necessary to adjudicate the instant OA are as under :-
"2.1 Vide notification dated 17.08.2015, applications were invited for recruitment for administrative posts on long term/short term contract basis. In response to above notification, the applicants applied for the same and after qualifying written test/skill test/typing test, as well as interview, they were selected to the post of Junior Assistant on short term contract basis at National Institute of Fashion Technology (NIFT), Jodhpur for a period of six months on a consolidated salary of Rs 16,000/- per month vide orders dated 16.02.2016 & 31.10.2015 (Annex. A/6) respectively. Their services were extended from time to time and still they are continuing on the post of Junior Assistant. Their last extension orders are dated 20.05.2022 (running page 43 & 45 of paper book respectively).
2.2 NIFT Act, 2006 is guiding statutory provisions under which the NIFT Statute 2020 was brought in force in supersession of previous statute of 2012. Rule 32 of the Statute 2020, provides 3 290/00108/2022 for 'Terms and conditions of service of employees on long term contracts'. Sub-rule (1) to Rule 32 of the Statute provides that "The initial appointment on direct recruitment shall be on long term contract basis, initially for a period of three years, which shall be extendable for another three years on the basis of performance."
Rule 33 of the Statute 2020 provides that :
(1) The appointing authority may appoint any person on short term contract basis for a period not exceeding six months.
(2) The other terms and conditions of service of such employees shall be such as may be specified by the appointing authority in his letter of appointment.
(3) The service of a short term contract employee may be terminated any time by one month's notice or one month's salary in lieu thereof, either by the employee to the appointing authority or by the appointing authority to the employee.
2.3 Vide OM dated 25.03.2022 (Annex. A/10), the Board of Governors in its 55th meeting held on 24.02.2022 had directed the following:-
I. All appointments/recruitments will be made on regular basis with provision of probation for 2 years as per Statute 31 of the NIFT Statutes. II. Already appointed employees on long term contract with provision of regularization after completion of five years will be considered for regularization after completion of a probation period of two years. III. The under-process recruitments will also be governed by Statute 31 of the NIFT Statutes.
Vide OM dated 15.11.2022 (Annex. MA/2), Board of Governors in its 58th meeting held on 19.10.2022, decided to withdraw the above OM dated 25.03.2022 and directed that all recruitment, promotion and regularization will be done as per the prevailing Statutes 2020.4
290/00108/2022 2.4 The applicants were aggrieved with the Notification dated 09.04.2022 for the recruitment of Group 'C' posts on 'regular basis'. It was the case of the applicants that despite the fact that the applicants were selected after successfully qualifying written test, typing test, as well as interview and working for almost six years on the post of Junior Assistant, the respondents are not regularizing their services and are filling up the vacancies in pursuance of above Notification, on account of which services of the applicants are likely to be terminated.
Considering contentions advanced by the applicants, this Tribunal on 01.06.2022, as an interim measure, directed the respondents to keep two posts of Junior Assistant of Unreserved Category vacant, which were advertised by Notification dated 09.04.2022 (Annex. A/1) till the next date of hearing. In the meantime, services of the applicants were directed not be terminated.
2.5 After filing of this OA on 30.05.2022, vide Corrigendum Notice dated 16.11.2022 (Annex. A/12), notice was issued to the effect that now appointment on the posts pursuant to advertisement dated 09.04.200 & 07.05.2022 would be filled up on Long Term Contract basis instead of regular basis.
2.6 Learned counsel for the applicant submitted that if the respondents were allowed to fill up the advertised post of Junior Assistant by way of giving appointment on long term contract basis, the applicants, who are working on the post of Junior Assistant for more than six years, would be replaced by persons appointment on Long Term Contract basis pursuant to impugned advertisement, which is not permissible.
5290/00108/2022 2.7 It is relevant to note here that the respondents have filed MA No. 63/2023 seeking vacation of stay order granted by this Tribunal stating that the applicants cannot claim their right against the posts which were made available on 08.07.2021, i.e. much after the employment of the applicant in the year 2016 and now advertised vide Notification dated 09.04.2022 through regular selection in which age relaxation has already been granted to the applicants. The applicants have already been tendered their candidature pursuant to the Notification dated 09.04.2022 but could not succeed in impugned selection process. After issuance of OM dated 15.11.2022 (Annex. MA/2), terms of the impugned Notification dated 09.04.2022 were amended vide Corrigendum dated 16.11.2022 (Annex. A/12). Thus, all appointments now will be made on long term basis.
2.8 As per the respondents, consequent upon issuance of Corrigendum dated 16.11.2022, the claim of the applicants has come to an end. Pursuant to Notification dated 09.04.2022, the process has already been completed and the applicants could not get selected. More so, five appointments have already been made and only two posts of Junior Assistant are left vacant on account of interim order passed by this Tribunal. Therefore, the respondents prayed to vacate the interim order passed in favour of the applicants."
3. Heard learned counsel for the parties and perused the material available on record.
4. It is contended by learned counsel for the applicant that on account of not getting success in the selection process held in 6 290/00108/2022 pursuance of Notification dated 09.04.2022, the applicants may loose their present post on short term contract basis. It is also contended that there is no difference between selection process for long term contract and short term contract basis. The applicants have already qualified the process and got appointment on short term contract and their services being satisfactory have been extended from time to time. In this regard, learned counsel for the applicant drew our attention towards certificates dated 20.05.2022 issued in favour of the applicants respectively and submitted that the services of the applicants cannot be terminated by giving appointment under long term contract.
5. On the other hand, learned counsel for the respondents submitted that the applicants have no vested right to remain on the post after participating in the examination and remaining unsuccessful. Their services are liable to be terminated by giving appointment to the persons on long term contract.
6. Having regard to the arguments advanced by learned counsel for the parties and material available on record, it emerges that after issuance of OM dated 15.11.2022 (Annex MA/2) and Corrigendum dated 16.11.2022 (Annex. A/12), the original controversy existed at the time of filing of this OA survives no more. After issuance of aforesaid orders, the scenario has altogether been changed as the respondents decided to fill up the vacancies through long term contract instead of on regular basis as advertised in the Notification dated 09.04.2022. Out of 07 posts of Junior Assistant, 05 7 290/00108/2022 posts have already been filled through long term contract. Rest two posts of Junior Assistants are occupied by the applicants for last more than six years.
Looking to the facts and circumstances of the case, we are of the view that the services of the applicants should not be terminated without justifying the decision to replace the services of the applicants who are on short term contract basis by recruiting the persons on long term contract basis. The applicants are serving satisfactorily for last six years with the NIFT. The decision of the respondents to replace the persons holding short term contract basis by persons to be appointed on long term contract basis must have some legal basis and should also be in the interest of the NIFT itself.
The respondents in their application for vacation of interim order have not mentioned any reasoning behind giving appointment to the candidates on long term basis replacing the applicant who are holding the post for more than six years.
Hence, the respondents are directed not to terminate the services of the applicants on short term basis for filling it by way of giving appointment on long term basis pursuant to the advertisement dated 09.04.22. It is made clear that this order may not come in the way of the respondents, if otherwise the services of the applicants are liable to be terminated on other valid reason.
8290/00108/2022
7. In the above manner this OA is disposed of. Pending MAs also stand disposed of.
(Amit Sahai) (Rameshwar Vyas)
MEMBER (A) MEMBER (J)
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