The court ruled that contractual appointments for permanent posts violate statutory regulations, entitling petitioners to regularization and associated benefits.

JDUGMENT :

(Jyotsna Rewal Dua, J.)

Petitioners are working on contract basis with the respondent-Bhakra Beas Management Board (in short ‘respondent-Board’). They seek direction to the respondents to regularize their services on completion of two years of probation period and to treat their appointments as regular appointments for all intents and purposes. Release of consequential service benefits, i.e. seniority, regular pay scale, increments etc. as admissible to regular employees has also been prayed.

2. Facts:-

2(i). Respondent-Board was facing acute shortage of manpower against vacant critical permanent sanctioned posts of long term employment cadres. On 30.10.2014, the Board took a decision to fill up certain categories of Class- III and Class-IV posts in its Irrigation and Power Wing by direct recruitment on contractual basis. The direct recruitment was to be through regular selection process by the Centralized Staff Selection Committee as per the Bhakra Beas Management Board Class III and Class IV Employees’ (Recruitment and Conditions of Service) Regulations, 1994 (hereinafter to be referred as ‘1994 Regulations’). Relevant portion from the aforesaid office letter dated 30.10.2014 is extracted hereinafter:-

“Subject: Filling up of vacant Critical Technical & Tradesman Class-III & IV post(s) in Irrigation & Power Wing sequel to the decision taken in the 219th meeting of the Board against-Agenda Item “Acute Shortage of Manpower in BBMB”- direct recruitment on Contractual Basis.

……………………………………….

The approval of the competent authority is hereby accorded in respect of the following post(s) (attached at Annexure) for direct recruitment on Contractual Basis as per the decision taken in the 219th meeting of the Board. The direct recruitment shall be through the regular selection process by the Centralized Staff Selection Committee as per the mandate given in the BBMB Class-III & IV Employees (Recruitment and Conditions of Service) Regulation 1994………”

2(ii). Consequent upon the aforesaid decision, Advertisement No.2 of 2014 was issued by the Centralized Staff Selection Committee of the respondent-Board, inviting online applications for recruitment to certain categories of Class-III posts on contract basis for one year and extendable as per requirement. The last date for receipt of online applications was 26.02.2015. Petitioners participated in the selection process under the aforesaid advertisement for the categories of Junior Engineer (Civil), Junior Engineer (Irrigation), Staff Nurse, Hoist Operator and Driver. The petitioners were selected and appointed against their respective applied for categories (Class-III) on contract basis as under:-

Appointment orders were issued to the petitioners expressing that their appointment was on contract basis. The terms & conditions governing the appointment were also mentioned therein including Condition No.1(h), that “You will be governed by the service Rules and Regulations of the Bhakra Beas Management Board as in force from time to time”. Petitioners joined the services of the respondent-Board as Class-III em