2003 Supreme(Raj) 500
Rajasthan High Court
Honble SUNIL KUMAR GARG, J.
Chanan Ram - Appellant
Versus
Registrar, Rajasthan Agricultural University & Ors. - Respondents
S.B. Civil Writ Petition No. 1700 of 2002
Decided On : May 29, 2003
Sandeep Shah, for Petitioner Manish Shishodia for Respondents
Headnote:Service Matters – Termination of Services – On expiry of project terminated services after 12 years – Appointed for particular project as skilled helper on ad-hoc basis on a fixed pay – No notice was issued – Held – If a person possessing requisite qualifications is allowed to continue in service for fairly long period, his appointment cannot be said to be ad-hoc – Employer can not follow a policy of adhocism for a long period – It is not a sound personnel policy and would lead to breach of Art. 14 and 16 of the Constitution – Infringed legal right – Violation of natural justice – Directed to take back in service. (Paras 22 to 27)
Since the petitioner is doing the job as Skilled Helper in the employment of the respondents for fairly long period for more than 12 years, therefore, his appointment though on the face of it appears to be adhoc appointment, but it should not be treated as adhoc appointment. (Para 22)
(2). The case of the petitioner as put forward by him in this writ petition is as follows:-
i) That on the recommendations of Selection Committee, the petitioner was appointed on the post of skilled helper on adhoc basis on a fixed pay of Rs. 900/- through order dtd. 15.11.90 (Annex.1) passed by the respondent No. 2 (Director (Research), Directorate of Research, Rajasthan Agricultural University, Bikaner) under the Scheme named as ``Promotion of Research and Development on Hybrid in Selected Crops on Maize, Pearl Millet and Cotton.
ii) Further case of the petitioner is that the petitioner worked on the post of skilled Helper till 10.3.99 and services of the petitioner were terminated through order dtd. 10.3.99 (Annex.2) passed by the respondent No. 2 (Director (Research) Directorate of Research, Rajasthan Agricultural University, Bikaner) on the ground of completion of aforesaid project.
iii) Further case of the petitioner is that on the very same day through order dtd. 10.3.99 (Annex.3) passed by the respondent No. 2 (Director (Research) the petitioner was appointed on the post of Skilled Helper at the fixed pay of Rs. 900/- per month at Agricultural Research Station, Sri Ganganagar under the project named Genetic Improvement of Gossypium Arboreum for fibre quality parameters, High yield and insect pest resistance.
iv) Further case of the petitioner is that since he was working with the respondents for last 12 years, therefore, he submitted a representation (Annex.4) to the respondent No. 2 (Director (Research), Directorate of Research) for regularisation of his services.
v) Further case of the petitioner is that the representation (Annex.4) was forwarded by the Associate Director, Research to the Respondent No. 2 (Director (Research) with a recommendation to regularise the services of the petitioner.
vi) Further case of the petitioner is that the Board of Management had passed a resolution dtd. 11.2.98 (Annex.5) regarding regularising the services of various persons appointed on ad hoc/casual/fixed pay basis by screening them through Screening Committee.
vii) Further case of the petitioner is that the Senior Cotton Breeder vide his letter dtd. 3.8.2000 (Annex.6) requested the respondent No. 2 (Director (Research) Directorate of Research) to regularise the services of the petitioner on the post of Agriculture Supervisor.
viii) That the respondent No. 1 (Registrar Rajasthan Agricultural University, Bikaner) vide his letter dtd. 29.12.2000 requested the Associate Director, Agricultural Research Station, Sri Ganganagar to furnish a list of employees working on casual/adhoc/contract basis. The Associate Director, Agricultural Research Station, Sri Ganganagar submitted detailed information with regard to the employees working on casual/adhoc/contract basis through letter dtd. 6.1.2001 (Annex.7) in which name of the petitioner stood at serial No. 3.
ix) Further case of the petitioner is that through impugned order dtd. 30.3.2002 (Annex.8) passed by respondent No. 2 (Director (Research), Directorate of Research) services of the petitioner were terminated on the ground of completion of aforesaid project.
x) Further case of the petitioner is that after the order dtd. 30.3.2002 (Annex.8) was passed by the respondent No. 2 (Director (Research), Directorate of Research), the petitioner approached the Senior Cotton Breeder who in turn apprised the respondent No. 2 (Director (Research), Directorate of Research) through communication dtd. 26.3.2002 (