P. KALAIYARASAN, J.

This writ petition has been filed, seeking to issue a writ of certiorarified mandamus, calling for the records relating to the common order, dated 30.07.2013 passed by the Central Administrative Tribunal (Madras Bench) in O.A. Nos. 1324 to 1329, 1331 to 1333, 1335 to 1337 of 2012 and quash the same and also consequently, to declare the order of the second respondent, dated 30.08.2013 as illegal and the petitioner are entitled to continue as permanent employees in the service.

2. The averments of the petitioners in writ petition, in nutshell are as follows :

(i) The petitioners were employed as Scientific Assistant-A or Tradesman-A or as Project Technician for period ranging from 5 to 10 years. The respondent organisation, Society for Applied Microwave Electronics Engineering and Research (For brevity SAMEER) is one of its kind in the country under the Ministry of Communication and Information Technology of the Central Government, catering to Defence Research, Indian Satellite Research Organisation (ISRO), Intelligence Bureau of India, the Indian Meteorological Department, the Army, Navy and Air Force. It fabricates, develops and tests to evaluate satellites and space transponders, whose life span lasts for decades and for which specialised Scientists and Technicians are necessary. The petitioners are among such personnel, for which they have been giving intense training in ISRO and defence organizations. It is submitted that all these work is continuous and perennial in nature.

(ii) All the petitioners herein were recruited as per Rule 6.3(c) of the Recruitment Rules through Advertisements given in open Employment News by the Central Government and by a properly constituted selection committee. All the appointments have been made as against regular posts as is clear from the appointment orders. Even though the petitioners have been appointed from June 2002 for a period of two years in a consolidated wages and extended for a period of another 2 years and again extended further till 03.12.2007 and thereafter from 04.12.2007, they were brought on scale of pay. The respondent has threatened the severance of employment w.e.f 03.12.2012. The respondent is also insisting that the employee should attend the interview for consolidated pay to continue in the service.

(iii) Even contractual appointees are recruited as per Rules. The appointment order also says that the petitioners are liable to be posted or transferred to any other centres of the activities of SAMEER or abroad. The petitioners were all appointed against sanction post and for permanent work. There is distinct between an illegal appointment and irregular employment. All the petitioners were recruited, as per Rules and Bye-laws of SAMEER through a rigorous selection process. Though they were appointed on contract for a tenure, the conditions of appointment treated them on par with regular employees for the purpose of pay scale and other conditions of service. Despite the legal obligation of SAMEER to regularise the petitioner's service, an order, dated 06.11.2012 called "tenure ending notice" were issued to the petitioner.

(iv) The petitioners fulfilled their requirements of (a) satisfactory past performance and (b) availability of sanctioned posts. They are to be appointed as permanent employees as per Bye-laws 24 and 25. Similar employees in Bombay have been appointed as permanent employees. The failure of the respondent to regularise the petitioners amounts to violation of Article 16 of the Constitution.

(v) The continuous engagement of the petitioners as contract employees without considering them for regular absorption amounts to unfair labour practise. The petitioners are entitled to permanency as per Section 3 of the Tamil Nadu Industrial Establishments (Conferment of permanent Status to Workmen) Act, 1981, as they have completed more than 480 days continuous service in the period of 24 calendar months. The service of the petitioners cannot