Contractual employees cannot claim regularization of services against permanent vacancies without undergoing a selection process, regardless of the duration of their service.

JUDGMENT :

Heard Mr. B. Acharyya, learned counsel appearing for the writ petitioner. Also heard Mr. A. Sarma, learned standing counsel, Oil India Limited (OIL) appearing for the respondent Nos. 1 to 8 and Mr. R.C. Saikia, learned Sr. counsel assisted by Mr. S. Bora, learned counsel representing the private respondent Nos. 9 to 12. None has appeared for the respondent No. 13.

2. The writ petitioner herein is aggrieved due to non-consideration of his prayer for regularization of services under the Oil India Limited (OIL) even after completing 10 years of contractual service. The facts of the case, in a nutshell, are that on 26-01-2007 the OIL, Duliajan had issued an advertisement for engaging experienced mechanical engineer on contract basis for a purely temporary requirement for “Pipeline Expansion Project” from Numaligarh to Siliguri (PEP-NSPL). The advertisement itself had mentioned that the contract would be valid for a period of one year or till completion of the project. In response to the advertisement notice dated 26-01-2007, the writ petitioner had submitted his application. After considering his candidature the petitioner was engaged on contract basis as a mechanical engineer vide appointment order dated 23-04-2007 for a period of one year. Accordingly, a contract agreement was signed by and between the petitioner and the OIL for rendering service for one year. As the scope of the work and period of its completion got extended, the petitioner was re-engaged as mechanical engineer after the expiry of the initial period of one year. Accordingly, separate contract agreements for rendering his service under the OIL for further durations were also signed from time to time. Eventually, the contractual services of the petitioner came to an end on 18-11-2017.

3. In the meantime, the OIL had issued an advertisement notice dated 12-07-2017 inviting applications for filling up various posts in Gr-‘C’, which included as many as 04 (four) posts of Senior Pipeline Engineer. The advertisement notice dated 12-07-2017 had laid down the educational qualification, experience and other eligibility conditions for participating in the recruitment process. Since the petitioner was over-aged, hence, he could not submit his application in response to the advertisement notice dated 12-07-2017. Situated thus, the petitioner had approached this Court by filing W.P.(C) No. 4642/2017 inter-alia challenging the advertisement notice dated 12-07-2017 with a further prayer to regularize his services in a permanent post. Since no interim order was granted by this Court, the recruitment process went ahead and the same was concluded whereby, the selected candidates, viz. the private respondents herein were appointed. With the appointment of the private respondents, W.P.(C) No. 4642/2017 had become infractuous for all practical purposes. As such, on a prayer made by the writ petitioner by filing I.A.(C) No. 1476/2020, this Court had passed order dated 09-10-2020, permitting the petitioner to withdraw the said writ petition, i.e. W.P.(C) No. 4642/2017.

4. In the present writ petition, the petitioner has once again approached before this Court with a prayer to interfere with the advertisement notice dated 12-07-2017 and also to issue a direction upon the respondents to regularize his services. The petitioner has also prayed for issuance of a direction to the Central Information Commissioner to initiate disciplinary action against the respondent No. 6 on account of his alleged failure to follow the mandate of Right to Information Act, 2005, whereby the respondent No. 6 had allegedly furnished false information to the petitioner with malafide intent.

5. The writ petition filed by the petitioner has been contested by the OIL authorities as well as the private respondents by filing separate counter affidavits. The stand of the authorities, reduced to it essence, is that the petitioner being a contractual appointee, whose continuance was purely on the basis of separat