Validly appointed contractual employee with continuous 10+ years service akin to regulars entitled to regularization from 10-year mark, prior service counted for benefits like MACP/pension, except inter se seniority if affected.

ORDER

This original application has been filed under section 19 of Administrative Tribunals Act 1985 seeking following reliefs: -

“a). issue a suitable time-bound order or direction to the respondents directing them to change the date of regularization of the applicant‟s service as Security Inspector at the National Sugar Institute, Kalyanpur, Kanpur, indicated as 01.08.2017 in the Office Order dated 10.08.2017, issued by the Director, National Sugar Institute, to 01.03.2002 i.e. the date immediately following the end of the reserve period of two years spent by him as an ex-service man (Sailor), following his discharge from the Indian Navy on 20.02.2000.

b). Issue such other suitable orders or directions as might be found just and proper in the facts and circumstances of the present case.

c). Award the costs of this Original Application in favour of the applicant throughout.”.

2. The facts of the applicant‟s case, in brief, are that the applicant, who is an ex-service man of Indian Navy, pursuant to the advertisement dated 11-17.12.1999 published by the National Sugar Institute, Kanpur in terms of the National Sugar Institute (Security Inspector) Recruitment Rules 1981 for filling the post of Security Inspector in pay scale of Rs. 4500-7000 on short term contract basis with usual allowances, being eligible candidate submitted his application and vide memorandum dated 24.03.2000, he was called for a selection test and on the recommendation of the Selection Committee, he was issued an offer of appointment on the aforesaid post on 18.04.2000 and upon acceptance of the offer of appointment, he was appointment w.e.f. 25.04.2000 vide order dated 02.05.2000 on contract basis on the post of Security Inspector initially for a period of one year. The services of the applicant were extended from time to time and he worked from 2001 to 2015 without break. It is contended that vide office order dated 19.07.2001, the applicant was allowed various perks and allowances that were being provided to incumbents working on the post of Security Inspector in the past such as Contributory Provident Fund, medical facilities, uniform allowance, leave travel concession as well as group insurance and he was also given Grade Pay of Rs. 2800/- as per the recommendation of 6^th Pay Commission w.e.f. 01.01.2006 alongwith arrears.

3. Since the applicant was continuously working without break, he preferred a representation dated 24.11.2010 before the Director of the Institute requesting to be given the benefit of MACP Scheme w.e.f. 01.04.2010 treating his services as regular. The applicant also moved another representation dated 09.12.2010 requesting for grant of permanent status and benefit of MACP Scheme citing the example of one predecessor Shri Shiv Ratan Singh, who too like the applicant was appointed on contract basis initially for one year and thereafter granted extension of service for five years on 10.07.1990 and again on 10.07.1995 till the attainment of age of superannuation. Having received no response, the applicant preferred another representation dated 26.04.2011 before the Director of the Institute and the same was turned down vide order dated 02.05.2011 stating therein that in terms of DOPT O.M dated 19.05.2009, MACP benefits are not admissible to an