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2019 Supreme(Del) 2420
IN THE HIGH COURT OF DELHI AT NEW DELHI
A.K. CHAWLA, J.
Asha Kumari – Petitioner
Versus
Technology Information Forecasting and Assessment Council and Another – Respondents
W.P. (C) No. 2576 of 2017, C.M. APPL. No. 11122 of 2017
Decided On : 06-12-2019
Advocate Appeared:
For the Petitioners: Mr. R.K. Kapoor, Ms. Shweta Kapoor, Ms. Priya Pande.
For the Respondent: Mr. Sarfaraz Ahmad.
The entitlement of an employee for regularization after rendering uninterrupted service for over ten years, based on the principles established in the judgments of Umadevi's case and Nihal Singh's case.
Headnote:
Mandamus - Regularization of Hindi Typist - Official Language Policy - [AIR 2006 SC 1806, (2013) 14 SCC 65] - The court discussed the appointment of the petitioner as a Hindi typist and the opposition by TIFAC. The court referred to the judgments in Secretary, State of Karnataka and Others vs. Umadevi and Others and Nihal Singh and Others vs. State of Punjab and Others to determine the entitlement of the petitioner for regularization. The court directed TIFAC to decide on the regularization of the petitioner within 12 weeks.
Fact of the Case:
The petitioner sought a writ of Mandamus for regularization to the post of Hindi typist with TIFAC. The petitioner was initially appointed on a contract basis and sought regularization after working for over ten years. TIFAC opposed the relief, citing non-acceding of its recommendation to the Central Government and the dispensability of the subject post.
Finding of the Court:
The court directed TIFAC to decide on the regularization of the petitioner within 12 weeks.
Issues: The main issue was the entitlement of the petitioner for regularization to the post of Hindi typist.
Ratio Decidendi: The court relied on the judgments in Secretary, State of Karnataka and Others vs. Umadevi and Others and Nihal Singh and Others vs. State of Punjab and Others to determine the entitlement of the petitioner for regularization.
Final Decision: The writ petition was disposed of with a direction to TIFAC to decide on the regularization of the petitioner within 12 weeks.
JUDGMENT :
A.K. CHAWLA, J.
1. By the instant petition, the petitioner, in effect, seeks issuance of a writ of Mandamus for being regularized to the post of Hindi typist with the respondent-Technology Information Forecasting And Assessment Council in short, TIFAC.
2. The facts emerging from the record are that the committee of Parliament on Official Language recommended 27 items of work to be done in Hindi by TIFAC. At that point of time, there was no Hindi typist in TIFAC. It resulted into TIFAC undertaking a process for selection for the post of Hindi typist. In pursuance thereof, the petitioner came to be engaged as Hindi typist w.e.f. 18.05.2006. For the purpose, she was issued communication F No. 13.16.2006/Admn-Tifac, copy whereof, forms part of the petition, as Annexure P-1. Her such initial employment was on contract basis for a period of 89 days from the date of joining on a consolidated pay of Rs. 5000/- per month. Her appointment was however extended from time to time without any break in service. Last of such extension was vide office order F. No. TF/02/007/2008-Estt. Vol. II dated 24.10.2016 till 31.03.2017 with TIFAC. Before the expiry of such term, when the petitioner had put in more than 10 years, apprehending non-extension of her service, she has approached this Court by the instant petition.
3. TIFAC opposes the grant of any relief to the petitioner, primarily, on two counts. Firstly, the recommendation made by it to the Central Government, which has administrative control over it, was not acceded to. The other pertinent plea is that the work related to the subject post was neither inherent to the functioning of TIFAC nor was such that its dispensation would create any impediment in the smooth functioning of TIFAC inasmuch as much of TIFAC staff was now trained in Hindi typing and was doing the job of Hindi typist.
4. Mr. Kapoor, learned counsel for the petitioner adverting to the ratio of the judgments of the Supreme Court in Secretary, State of Karnataka and Others vs. Umadevi and Others, AIR 2006 SC 1806 and Nihal Singh and Others vs. State of Punjab and Others (2013) 14 SCC 65, strenuously contends that the petitioner having worked for over ten years, it was a fit case, where, the petitioner should have been considered for being regularized to the subject post. More so, in his submissions, the work being performed by the petitioner was of a perennial nature and therefore, the subject post could not be dispensed with on the purported temporary arrangements, on which, TIFAC seeks to oppose the prayer.
5. Mr. Ahmad, learned counsel for the respondent, on his part, placing reliance upon Kumar Mayank and Others vs. Delhi Technological University and Another, 2016 X AD (Delhi) 547 and Saiyed Zegham Murtaza vs. Rajya Sabha Secretariat, 2018 SCC Online Del 11268, contends that the petitioner is not entitled to issuance of any Mandamus. In his submissions, the appointment of the petitioner was temporary-being contractual, and, the mere passage of time does not invest any legal right in her to seek regularization to the post, and, for that purpose, creation of post as per the ratio of judgment in Nihal Singh’s case (supra), would be unwarranted. In his submission, the petitioner does not fulfill any of the four ingredients taken note of the learned Single Judge in Kumar Mayank's case (supra) viz. existing sanctioned posts; the vacancies existing in such sanctioned posts; eligibility criteria being fulfilled by the candidates as specified in the recruitment rules and the competition between candidates on the posts advertised to fill such vacancies. In his submissions therefore, the petitioner was not entitled to any relief.
6. Undisputedly, the petitioner was appointed to the post of Hindi typist vide communication dated 18.05.2019. Relevant to the context, it reads, as under:-
“Kindly refer to your application and subsequent interview you had with the Board of Selection on 8th May 2006. On the basis of recommendations of th
