Temporary employees have no right to the post, and the management's function in abolishing posts is not subject to employee claims.

( 1 ) THIS writ petition has been filed against the order of the Central Administrative Tribunal dated 27. 4. 2001 copy of which is Annexure-10 to the writ petition.

( 2 ) WE have heard learned counsel for the parties.

( 3 ) THE petitioner (hereinafter referred to as I. C. A. R.) is a society registered under Societies registration Act. The Minister for Agriculture is ex-officio President of the Society and it is wholly funded by the Government of India. As stated in para 3 of the writ petition, the society was set up for undertaking scientific research in Agriculture, Animal Husbandry and other allied subjects. The research work is done by various institutions situated all over the country. The number of scientists and helping staff and their qualifications are fixed by the Indian Council of agricultural Research. The Indian Council of Agricultural Research does not make selection or appointment of such employees nor are they employees of Indian Council of Agricultural research. The grantee college/ institution invites applications and appoints staff required for the project. The pay scale is determined by the Indian Council of Agricultural Research but they work under the supervision and control of the grantee institution and are governed by the Rules and Regulations of the Institution in all matters, such as leave, holidays, etc. The Indian Council of Agricultural-Research has no control or supervision over their work. The Indian Council of agricultural Research only provides funds for the project and nothing more and it has not to bear any expenditure on pension, etc. All projects approved for the grantee institutions are of temporary nature and are sanctioned for specified periods, normally for a period of five years, and at the end of the project, the work done is reviewed. The staff recruited is appointed on temporary basis and no guarantee is given that on completion of the project, they will be absorbed. The project employees have no legal right to remain in service after the project comes to an end. In para 9 of the writ petition, it is stated that a project titled as "use of Saline water in agriculture" was approved for Raja Balwant Singh College, Agra, respondent No. 1 in the year 1972. This project was extended by the Indian Council of Agricultural Research in the year 1975 named as "management of Salt Effected Soil and Use of Saline Water for Agriculture". The respondent Nos. 3 to 6 were selected by the said college after due advertisement and were appointed on various dates as mentioned in para 10 of the writ petition. True copies of the appointment orders are Annexures-1 to 4 to the writ petition.

( 4 ) THE management of the college terminated the services of the respondent Nos. 3 to 6 on restructuring of the project by letters dated 28. 8. 1993, Annexures-5 to 8. The respondent Nos. 3 to 6 who were working on the project started claiming regularisation of their services in the indian Council of Agricultural Research. The respondent Nos. 3 to 6 filed O. A. No. 281 of 1996 before the Central Administrative Tribunal to which the Indian Council of Agricultural Research filed objection stating that they being project employees have no right of regularisation and their claim was liable to be rejected. A true copy of the submission filed on behalf of Indian Council of Agricultural Research before the Tribunal is Annexure-9 to the writ petition. However, by means of the judgment dated 27. 4. 2001 the Tribunal has held that respondent Nos. 3 to 6 are liable to be absorbed by the Indian Council of Agricultural Research. True copy of the impugned judgment is Annexure-10 to the writ petition.

( 5 ) THE petitioner submits that the respondent Nos. 3 to 6 were not employees of the petitioner and have no right to claim absorption. The posts on which they were working do not exist in the project any more. It is also submitted that the Tribunal has no justification to direct the creation of posts or giving employme