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2025 Supreme(Online)(CAT) 3546
CENTRAL ADMINISTRATIVE TRIBUNAL
MR. SURESH KUMAR BATRA, J, MRS. RASHMI SAXENA SAHNI, A
Dr Gaurav Ahluwalia – Appellant
Versus
Sports Authority Of India – Respondent
O.A./1013/2022
Sh. Harish Chandra, Sh. Vishal Aggarwal along with Sh. Aayush Sharma
A contractual employee cannot be replaced by another contractual employee during the term of their contract, ensuring protection of employment rights.
Headnote:(A) Administrative Tribunals Act, 1985 - Section 19 - Contractual employment - The applicant sought regularization as a Physiotherapist and higher remuneration based on new advertisements for similar posts. The court found that the applicant's replacement by another contractual employee was unjustified and arbitrary. (Paras 1, 15, 21)
(B) Employment Rights - The court emphasized that a contractual employee cannot be replaced by another contractual employee, reaffirming the principle that existing contractual employees should not be displaced without just cause. (Paras 13, 18)
Facts of the case:
The applicant, a qualified Physiotherapist, was appointed on a contract basis with a salary of Rs. 70,000/- and sought regularization and higher pay after new posts were advertised at Rs. 1,05,000/-.
Findings of Court:
The court ruled that the applicant could not be replaced by another contractual employee and that his claim for regularization was premature.
Issues: The main issues were the legality of replacing the applicant with another contractual employee and the applicant's entitlement to regularization and higher pay.
Ratio Decidendi: The court held that replacing one set of contractual employees with another is impermissible and that the applicant's rights must be protected until the end of his contractual term.
Result: The O.A is disposed of with directions to the respondents not to replace the applicant's services.
ORDER
Per: SURESH KUMAR BATRA, MEMBER (J):
1. The applicant has filed instant O.A under Section 19 of the Administrative Tribunals Act, 1985 seeking following relief:
(I) “Direction to the respondents to regularize the services of applicant as Physiotherapist and grant him benefit of regular pay scale of the post from due date, with all the consequential benefits including arrears of salary and allowances for same or equivalent posts in Central Government and at least grant him the increased remuneration of Rs.1,05,000/- from due date with interest @ 18% per annum from the date the amount became due to the actual date of payment.
(II) Direction to declare that the applicant (contractual Physiotherapist) cannot be replaced with fresh appointee pursuant to the Notification/Advertisement dated 05.08.2022 (Annexure A-3) and quashing thereof to that extent.”
2. Brief facts of the case are that the applicant has done Bachelor in Physiotherapy in 2004 from Subharati Physiotherapy College, Meerut, U.P. and Master in Sports Physiotherapy in 2008 from Guru Nanak Dev University, Amritsar, Punjab. He has done Orofascial Trauma in Boxing from Aspetar in Doha, Qatar in 2015, AIBA Team Cutman from AIBA in Tashkent, Uzbekistan in 2017, Neuromuscular Dry Needling from Physiohelp in Delhi in 2017 and Theraband & Ball from Sports Physio World in Amritsar in 2018.
3. The applicant has worked as Sports Physiotherapist in District Cricket Association, Meerut and U.P. State Cricket Association from 03.08.2007 to 09.06.2010, Wushu Association of India from 09.06.2010 to 15.06.2011, Swimming Federation of India from 15.06.2011 to 12.12.2011, Table Tennis Federation of India from 12.12.2011 to 01.02.2013, Weight Lifting Federation of India from 01.02.2013 to 20.02.2014 under Sports Authority of India. The applicant has also held the position of Medical Personal in CWG, Glasgow, Scotland in 2014, Team official in Asian Games, Incheon, South Korea in 2014, CWG, Gold Coast, Australia in 2018 and as LOC, Medical Manager in 2018 in AIBA Women World Boxing Championship, New Delhi.
4. The applicant by way of an open selection conducted by the respondents was appointed vide order dated 01.03.2021 as Physiotherapist Grade II on contract basis with monthly remuneration of Rs.70,000/- for a period of three years, further extendable by two years for a maximum period of five years on the basis of satisfactory performance and with the increment of 7% annually. The engagement is on full time basis and he would not be permitted to take up any other assignment in any manner during the contract period. He is governed by CCS (Conduct) Rules, 1964.
5. The respondents during the currency of employment of applicant have advertised 138 posts of High Performance Analyst including (Physiotherapist etc.) on contract basis in SAI NCOES vide letter dated 05.08.2022. The number of post of Physiotherapist are 42 with consolidated monthly remuneration @ Rs.1,05,000/- with 10% annual increment. The qualification for this post is Bachelors degree in Physiotherapy/or equivalent from any recognized University/Institution with 5 years of experience in relevant filed or 3 years of experience with Masters in relevant filed or Ph.D in relevant filed. The desirable qualification is Masters’ or higher Degree in relevant field from any recognized University/Institution and 1 year experience in the field of sports science/medicine.
6. It has been pleaded that the applicant is working as Physiotherapist under the respondents since 2021 and having requisite qualifications mentioned in the notification dated 5.8.2022 but after new selection sought to be carried out by respondents, he is most likely to be shunted out and is also being paid lower salary of Rs.70,000/- whereas in the new advertisement the salary/remuneration has been increased to Rs.1,05,000/- with 10% annual increment and as such denial of this higher salary and regularization to the applicant is illegal, arbitrary, discriminatory, harsh, vo
