The court emphasized the need for fair treatment of contractual employees and the importance of considering prior service when filling vacancies.

ORDER

Per Hon’ble Dr. Sumeet Jerath, Member (A) : The present OA has been filed by the applicant Mr. Kishan Kumar Sharma, under Section 19 of the AT Act, 1985 seeking the following reliefs :-

“(a) Allow the Application of the Applicant under section 19 of the Administrative Tribunals Act 1985 with interest.

(b) Direct the respondents to re-engage the applicant on contractual basis till regular employees are appointed in the vacant posts.

(c) any other relief, if any, this Honourable Tribunal deems fit and proper in the facts and circumstances of the case. ”

2. The applicant was appointed as a full time Contract Craft Instructor (CCI) in the grade of Desktop Publishing Operator (DTPO) in Jijabai Industrial Training Institute for Women under the Government of NCT of Delhi on 01.11.2013 pursuant to the advertisement issued by them for appointment to the post of Craft Instructors in different grades on contractual basis for a period of one year. The learned counsel of the applicant stated that the applicant responded to the said advertisement and on the basis of his participation therein, appointment was made on contractual basis in different categories, for a period of one year. He further contended that subsequent to transfer/posting of one of the Contract Craft Instructor (CCI) (COPA), the applicant was given full charge of the post. Though, vide order dated 20.08.2014 his services had been renewed for another academic session of 2014-2015, however, his services were terminated before completion of the said contractual period even without serving any notice or any termination order. Aggrieved, the applicant represented to the competent authority on 23.03.2015 against sudden cessation of his employment stating that the services of the applicant has been disengaged orally by the Principal of ITI Siri Fort because of low intake for the academic session 2014-15. He further added that the result of the last year for the students of Desktop Publishing Operator Trade was 100% for whom he was Instructor and he requested for adjustment in DTPO trade or any other computer related trade in any other ITI. The aforesaid representation of the applicant was followed by series of further representations dated 10.09.2015, 17.09.2015,11.01.2016 and 24.04.2017. However, the said representations had not yielded any fruit.

Moreover, as per the scheme formulated with regard to re- engagement of contractual employees in preference to the fresh contractual candidates, depending upon the available vacancies till regular selections take place, the applicant is entitled to be re-engaged. In addition to that, the recommendations dated10.11.2009 of the Principal Secretaries/Secretaries of States who had held their meeting under the Chairmanship of Secretary, Government of India, Ministry of Labour and Employment also favoured the case of the applicant which are as follows :-

““5.3 Instructor Vacancies and Training of Instructors (a). There are large number of instructor vacancies in ITIs which need to be filled up on priority. The State Governments were advised that they should engage contract faculty till the regular appointment is made. However, the contract faculty should be paid consolidated emoluments equivalent to the total salary paid to fresh instructor in the scale on regular appointment.

[Action-State Govts.] (b). Due to large number of vacancies of instructors, most of the States have hired contract faculty. It was recommended that the contract faculty should also be deputed for various training courses being offered under the project. The faculty once trained could be useful as he remains within the system, wherever he is employed later.”

The above recommendations were accepted and implemented by the Government vide order dated 30.12.2008 and in compliance of the above policy/instructions, the appointments of Craft Instructors were regulated till regular appointments were made. Relying upon the information sought under RTI about one of such contractual