Prospective outsourcing policy cannot deny regularization to pre-policy contractual employees validly selected through open process on sanctioned posts with long unblemished service.

ORDER

PER: RASHMI SAXENA SAHNI, MEMBER (A)

1. Present original application has been filed by the applicant under Section 19 of the Administrative Tribunals Act, 1985, seeking following relief:-

“i) The letters dated 27.7.2021 (Annexure P-18) and dated 29.7.2021 (Annexures P-21) be quashed being illegal, unlawful, arbitrary, unconscionable & unconstitutional

ii) The respondents No.1 and 2 may kindly be directed not to replace the applicant with another casual/temporary/ outsourcing employee on the existing post of peon with the respondent department and permitting him to continue on the said post keeping in view excellent performance of the applicant since 30.7.2007 after his lawful selection amongst all eligible candidates in consonance with recruitment rules and Articles 14 & 16 of the Constitution of India.

iii) The respondents No. 1 and 2 may kindly be directed to regularise the services of the applicant on the existing vacant post of peon with the respondent department keeping in view unblemished and excellent service and conduct of the applicant in his more than one decade service beginning from 30.7.2007 after his lawful selection amongst all eligible candidates in consonance with recruitment rules and Articles 14 & 16 of the Constitution of India.”

2. Facts of the case according to the applicant are as follows. The respondent department issued an advertisement in two newspapers namely ’Indian Express’ and Dainik Bhaskar’ on dated 2.6.2007 (Annexure A-1), besides placing requisition with the Regional Employment Exchange, U.T. Chandigarh, for appointment on the post of Peon on contract basis against consolidated salary against a regular vacant sanctioned post of Peon with the respondent department. It was also specified in the advertisement that the candidate must be Middle pass from a recognised Board/Institution and the age limit was prescribed as 18 to 25 years. The applicant being matriculate and fully eligible in terms of the advertisement (Annexure A-1) applied for the post and was accordingly interviewed with all other eligible candidates on 12.7.2007. The applicant was recommended for appointment by Recruitment Committee by placing him at No.1 in the merit. Accordingly, the respondent No.2 appointed the applicant as the Peon on contract basis for a period of 6 months by the appointment letter dated 27.7.2007 (Annexure A-2). Since then, the applicant has been continuing to hold the post of Peon on contract basis as his terms have been extended by the respondent no.2 from time to time after giving notional break keeping in view his excellent and commendable work (Annexures A-3 to A-9). Last term was extended upto 29.7.2021. During the entire service career of the applicant with the respondent department, there was no deficiency in the work and conduct of the applicant. The applicant had been performing his duty regularly, without any break even during the break period as well as on holidays including Saturdays and Sundays. There was no complaint ever made against the applicant nor the applicant was ever punished or reprimanded in any manner. The entire service record of the applicant is neat and clean (Annexures A-10 and A-11). The applicant has been working since 27.7.2007 i.e. for more than 14 years. Despite this fact, the services of the applicant have not been regularized till date.

3. The respondent Chandigarh Administration as well as various Boards, Corporations and Councils working there under have been regularizing its contractual employees on completion of 10 years service. Some of the examples are as under:-

i. The Chandigarh Administration issu