2012 Supreme(Mad) 3544
High Court of Judicature at Madras
M. JAICHANDREN, J.
K. Rajendran & Others
Versus
Union of India Rep.By Secretary Ministry of Textiles & Others
Writ Petition Nos. 10751 & 11460 of 2011
Decided On : 14-08-2012
For the Petitioners:C. Selvaraju, senior counsel, for C.S. Associates, Advocates.
For the Respondents:R1, K. Mohanamurali SCCG, R2, R. Vijaynarayanan Senior Advocate, for R. Parthiban, Advocate.
The central legal point established is that the petitioners' appointments were contractual, not regularized, and not made following the normal recruitment procedures.
Headnote:
Contractual Employment - Service Termination - [Sardar Vallabhai Patel International School of Textiles and Management] - [Tamil Nadu Societies Registration Act, 1975, Contract Act] - The court discussed the nature of the petitioners' employment, the authority of the Board of Governors, and the compliance with recruitment rules. The court highlighted that the petitioners' appointments were contractual, extended from time to time, and not made following the normal recruitment procedures. The court emphasized that the petitioners' services were not regularized and continued to be contractual, dismissing the writ petitions.
Fact of the Case:
The petitioners were appointed in various posts at a textile management school and were aggrieved by an order terminating their services. They claimed their appointments were regular and challenged the termination.
Finding of the Court:
The court found that the petitioners' appointments were contractual, not regularized, and not made following the normal recruitment procedures. The court dismissed the writ petitions as devoid of merits.
Issues: Nature of petitioners' employment, authority of the Board of Governors, compliance with recruitment rules.
Ratio Decidendi: The appointments of the petitioners were contractual, extended from time to time, and not made following the normal recruitment procedures. The services of the petitioners were not regularized and continued to be contractual.
Final Decision: The writ petitions filed by the petitioners were dismissed as devoid of merits.
1. Since, the issues involved in both the writ petitions are similar in nature, they have been taken up together and a common order is being passed.
2. It has been stated that the petitioners in the above writ petitions have filed the present writ petitions, before this Court, being aggrieved by the order of the second respondent, dated 8.2.2011.
3. It has been stated that the petitioners had been appointed in the various posts in the Sardar Vallabhai Patel International School of Textiles and Management, Coimbatore, during the year 2003-04, on consolidated pay. Thereafter, they had been brought on time scale of pay in the year, 2008, with effect from 1.8.2008. The relevant service details of the petitioners are as follows:
4. It has been further stated that the respondent School had been started for admitting students and for conferring degrees in M.B.A. in Textiles and Post Graduate Diploma in Textiles. It has been started, by the Government of India, as an autonomous body, for imparting education to students specilising in Textiles Management. Apart from the teaching staff, sanctioned non-teaching posts were also created for running the said School.
5. It has been further stated that the petitioners, who had been in service, in their various posts, had received a communication, dated 8.2.2011, issued by the second respondent, bringing the non-teaching posts on a contract basis, for a period of three years, commencing from 1.8.2008, renewable by mutual consent. As such, the second respondent, by his communication, dated 8.2.2011, has attempted to terminate the service of the petitioners, who have been working on a time scale of pay, unilaterally. In such circumstances, the petitioners had preferred the present writ petitions, before this Court, under Article 226 of the Constitution of India.
6. In the counter affidavit filed on behalf of the first respondent, it has been stated that the petitioners are contractual employees of the Sardar Vallabhai Patel International School of Textiles and Management, Coimbatore, which is a Society registered, on 24.12.2002, under the Tamil Nadu Societies Registration Act, 1975. It is neither a Government of India organization, nor a Central Autonomous Body set up under an Act of the Parliament. The said Institute had been set up, as a Public Private Venture, to provide comprehensive education, training, consultancy and research in textile management. The Government of India had only facilitated in setting up of the Institute, at the initial stage, through grants. There is no permanent obligation on the part of the Government of India to support the Institute, financially.
7. It has also been stated that there is a Board of Governors, which is the apex body for managing the affairs of the Institute. The Board of Governors consists of a Chairman and 19 members and a full time Director. Further, all the academic and non-academic posts are filled up, only on contract basis. Only two staff members, who were previously working in the national textiles NTC Staff College and who were given an option to continue in the Institute, had been absorbed in the respondent School, on a permanent basis.
8. The procedures contemplated for the recruitment of the teaching and the non-teaching staff had not been followed, while selecting and appointing the petitioners, on contract basis. Therefore, their appointments in their respective posts cannot be held to be regular appointments.
9. It has been further stated that the Board, in its 15th meeting, held in the month of July, 2008, had taken a humanitarian view, as the non-academic contractual employees were being paid a low salary and therefore, they had to be given time scales of pay, along with certain other benefits. However, they were continued in their respective posts, only on contractual basis. As such, the writ petitions, filed by the petitioners, are not maintainable before this Court, under Article 226 of the Constitution of India. Furt