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2000 Supreme(AP) 879

Andhra Pradesh High Court
Judges : B.SUDERSHAN REDDY
Chunduri Balaji - Appellant
Versus
Union of India, Department of Space - Respondent
Decided On : 11-28-00

Headnote:

Constitution of India - Articles 14, 16, 21and 226 - Writ Petition - Service - Contractual Employment - Petitioner prayed for issuance of an appropriate writ, one in the nature of mandamus directing respondents 1 to 3 herein to absorb, regularise and confirm the services of the petitioner as Scientific assistant Grade-A - Petitioner also prayed for according all consequential and attendant benefits as regards salary, allowances and other benefits on par with regular employees in the second respondent-establishment - Held, The move, according to the learned Counsel for the petitioner, is to dispense with the services of the persons like the petitioner who have put in five years of service in the establishment - In its explanation, the NRSA brings to the notice of the Court that such an advertisement was issued inviting applications from the reputed and registered agencies for registration and award of work orders as and when needed for undertaking short term works - The notification, pursuant to which the petitioner has been appointed, itself would reveal the temporary nature of the post and its duration - Admittedly, after the project work was over, the petitioner herein was awarded appointment on contract basis subject to certain terms and conditions mentioned therein - The Court may have its sympathy, but that itself would not be enough, as this Court is bound to decide the matter in accordance with law - Such considerations by themselves cannot form basis to pass an order contrary to the law and settled legal principle - Writ Petition dismissed

B. SUDERSHAN REDDY, J.

( 1 ) THE petitioner in this writ petition prays for issuance of an appropriate writ, particularly, one in the nature of mandamus directing respondents 1 to 3 herein to absorb, regularise and confirm the services of the petitioner as Scientific assistant Grade-A. The petitioner also prays for according all consequential and attendant benefits as regards salary, allowances and other benefits on par with regular employees in the second respondent-establishment

( 2 ) IT may be necessary to notice the relevant facts leading to filing of this writ petition: The petitioner is a Science graduate. He is a Diploma Holder in computers from NUT, Hyderabad. He was initially appointed as a Lower Division clerk (Junior Assistant) under the 4th respondent on 23-1-1985. In the present writ petition, we are really not concerned with his appointment and continuation for some time as Junior Assistant under the 4th respondent.

( 3 ) THE third respondent herein by a notification dated 10-1-1992 invited applications for filling up of the vacancies of Scientific Assistants in the N. R. S. A. The petitioner submitted his application through the proper channel. He was called for an interview on 30-3-1992. The petitioner was declared successful in the said interview. He was accordingly appointed as a Scientific Assistant for a period of three months on a consolidated pay of Rs. 2,000/- per month. The petitioner, accordingly, joined the establishment of the second respondent on 24-4-1992. The second respondent, thereafter, renewed the appointment of the petitioner from time to time and every time for a period of three months. However, the second respondent by Memorandum dated 19th July, 1994 consequent on the expiry of project appointment, awarded contract appointment to the petitioner for a period of one year on payment of Rs. 28,800/- per annum. The payments were made on monthly basis upon certification by the project Manager. The contract was being renewed from time to time up to 31st May, 1996.

( 4 ) IT is submitted by the petitioner that the respondents have issued a notification on 15-4-1996 stating that technical personnel working under the third respondent will henceforth be engaged on work order basis. The petitioner contends that the action of the respondents is deliberately ill-motivated and vitiated by mala fides and ulterior motives so as to dispense with the services of the petitioner and persons like him who have put in nearly five years of service in the hope of being confirmed, absorbed and regularised in a regular vacancy of a Scientific Assistant.

( 5 ) IT is also stated that there are three posts of Scientific Assistants and the same are being filled up by engaging the personnel on periodical basis without any justification. It is the case of the petitioner that there is sufficient work warranting employment of regular Scientific Assistants. But the respondents for the reasons known to themselves are extracting the work by paying consolidated pay by making the appointments on contractual basis. The action on the part of the respondents is arbitrary, irrational and violative of constitutional rights guaranteed under articles 14, 16 and 21 of the Constitution of India.

( 6 ) IT is also the case of the petitioner that he was appointed on regular basis after going through the process of selection, and in the circumstances, his appointment cannot be held to be a temporary or ad hoc one. It is also contended that the petitioner had put in four years of service without any break, and therefore, he is entitled for absorption into the service of the respondent-establishment on permanent basis.

( 7 ) IT is the case of the petitioner that as per the notification three Scientific Assistant posts were recruited, out of which two persons have resigned and he is only working in Arial Survey Digital photogrammetry division. The projects at nrsa and operations thereof are continuous in their nature. It is stated that he had gaine























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