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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD)
S.S. SHINDE AND SANGITRAO S. PATIL, JJ.
ATMA Employee's Welfare Association (Maharashtra State), Aurangabad - Appellant
Vs.
The Union of India - Respondent
WRIT PETITION NO. 5060 OF 2015
Decided on : 24-08-2016
ATMA - Employment Dispute - ATMA Scheme of 2010, ATMA Scheme of 2014 - 2.9, 90:10 to 60:40 ratio, Artificial breaks in service, Continuation of services until termination of the scheme or attaining the age of superannuation
Fact of the Case:
The petitioner, an association of employees of ATMA, challenged a communication directing appointment on contract basis through outsourcing, seeking continuation of their services until the scheme sponsored by the Union of India remains in force or until they attain the age of superannuation.
Finding of the Court:
The court found that the members of the petitioner were selected through due process and had been satisfactorily performing their duties. The court held that there was no rational justification for discontinuing their services and appointing fresh candidates through outsourcing. The court referred to similar cases and allowed the writ petition, quashing the impugned communication and directing the continuation of the petitioner's services until the scheme's termination or attaining the age of superannuation.
Issues: The issues involved the change in recruitment guidelines, the rationality of discontinuing the services of experienced employees, and the entitlement to continuation of services until scheme termination or attaining the age of superannuation.
Ratio Decidendi: The court's decision was based on the principle that ad hoc appointments under schemes should continue as long as the scheme continues, without entitlement to regularization or security of tenure. The court emphasized the avoidance of artificial breaks in service and the entitlement to continuation until scheme termination or attaining the age of superannuation.
Final Decision: The court quashed the impugned communication and directed the continuation of the petitioner's services until the scheme's termination or attaining the age of superannuation.
SANGITRAO S. PATIL, J.
Rule. Rule made returnable forthwith. With the consent of the learned counsel for the parties, the petition is heard finally.
2. The petitioner is an association of the Employees of Agricultural Technology Management Agency popularly known as “ATMA” and hereinafter referred to as ATMA only. The learned counsel for the petitioner relying on the contents of the petition as well as rejoinders dated 30th January, 2016 and 15th April, 2016 submits that respondent no.1–Union of India sponsored a scheme called “ATMA” to support the State Extension Agricultural Programmes in the year 2010. The said programmes were to operate at District and Block Levels for implementation of the said scheme. Various posts were created such as Block Technology Manager (for short, “BTM”), Subject Matter Specialist (for short, “SMS”) which subsequently renamed as Assistant Technology Manager (for short, “ATM”) and Computer Programmer (for short, “CP”). The Apex Body namely ATMA Governing Board was established for supervising the overall policy directions. Accordingly, one post of BTM and two posts of ATMs were to be filled up at the Block Level on contract basis. The post of Computer Programmer (CP) was to be filled up on contract basis at District Level.
3. The expenditure of implementing the scheme was to be incurred by respondent no.1–Union of India and respondent no.2–State Government in the ratio of 90:10, respectively.
4. The posts referred to above were to be filled up by respondent no.3. Accordingly, respondent no.3 published an advertisement for the above referred posts calling for the applications from the eligible candidates on or before 30th September, 2010. The members of the petitioner were holding the requisite qualifications. Therefore, they applied for the above referred posts as per their respective qualifications. They were subjected to interview by the Office of respondent no.3. Considering their educational qualifications as well as performance in the interview, they were selected for the said posts and appointed on contract basis for a period of 11 months by issuing an appointment order dated 10th November, 2010.
5. The candidates appointed as BTM were offered consolidated pay of Rs.15,000/-and Rs.5,000/-per month towards mobility charges. The candidates appointed for the posts of SMS (now called as ATM) were offered consolidated pay of Rs.5,000/-and Rs.3500/-per month towards mobility charges. Accordingly, the members of the petitioner discharged their duties as BTM, ATM and CP respectively.
6. The members of the petitioner holding the posts of BTM and ATM were deputed for training to be conducted by ATMA with the aid of Agricultural Department for a period of 3 to 5 days. The members of the petitioner also were directed to complete Post Graduation Diploma in Agricultural Extension Management for which, ATMA incurred the expenditure of Rs.15,000/-for each of the members of the petitioner. Most of the members of the petitioner have completed the said Post Graduation Diploma.
7. After completion of the period of 11 months from the initial appointments of the members of the petitioner, they were given a technical break for some days and again issued appointment orders on contract basis for a further period of 11 months. The services of members of the petitioner came to be continued after technical breaks on completion of 11 months from their respective dates of appointments. The last appointment orders were issued in the month of May 2014 and June 2014 in respect of few members of the petitioner.
8. The members of the petitioner performed their duties satisfactorily to achieve the objectives of the scheme. The term of some of the members of the petitioner was going to end on 30th April, 2015, while the term of some of the members on 4th and 5th May, 2015. In the meanwhile, respondent no.2 issued the impugned communication on 9th April, 2015, whereby it was indicated that instead of appointing the members of th
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