Termination of temporary employees should be justified by clear directives, and prior service expectations can create grounds for fair consideration of their continuation.

ORDER

(Pronounced by Hon'ble Mr. Sisir Kumar Ratho, Member(A))

The instant batch of 3 Original Applications have been filed assailing the identical orders dt. 31.12.2020 issued separately by the 4^th Respondent disengaging the 3 applicants as contractual driver w.e.f. 29.01.2021. Since the issue involved and the subject matter as well as the relief prayed are identical, a common order is being passed in these OAs.

2. The applicants in their OAs have sought the following reliefs:-

“i. To call for the records relating to Order No : ICMR_VCRC/Estt./A-29/2020-21/586 dated 31.12.2020 passed by the 4^th Respondent and to quash the same;

ii. To direct the Respondents to regularize the applicant in the post of Staff Car Driver (Ordinary Grade) under the 4^th Respondent;

iii. And pass such further and other orders as may be deemed fit and proper and thus render justice.”

3. The facts of the case in brief as submitted by the Applicants, are as follows :-

The Applicants are registered with the Employment Exchange, Puducherry on 11.06.2004. In pursuance of a vacancy circular, the Applicants were sponsored by the Employment Exchange, Government of Puducherry for appointment to the post of Staff Car Driver (Ordinary Grade) on a consolidated pay at Rs.14,200/- per month in the office of the 4th Respondent. After shortlisting, the Applicants underwent selection process in which several candidates participated. They were also directed to appear for driving test to be held on 07.08.2015. Upon selection, they were appointed to the post of Staff Car Driver (Ordinary Grade) vide order dated 14.12.2015. Many of the other similarly placed employees, as the Applicants, who were appointed on temporary basis in the Human Reproduction Research Centre project of ICMR in the Jawaharlal Institute of Post Graduate Medical Education and Research, Puducherry were working for long period on temporary basis and were not regularised. They filed OA No. 348/2011 before this Tribunal seeking regularization. Vide order dated 04.04.2014 this Tribunal directed the respondents to regularise the services of the similarly placed applicants in OA No.348/2011 with effect from the date of their initial appointment and pass appropriate orders with all consequential benefits since the benefit has been granted in earlier proceedings of this Tribunal in OA No 1332 of 2000 vide order dated 04.12.2000 which was confirmed by the Hon'ble High Court of Madras in WP Nos. 25490 to 25493 and 25574 to 25577 of 2002 vide order dated 25.02.2006. The said order has been confirmed by the Hon'ble Supreme Court. It is submitted that all the Applicants in OA No. 348/2011 have been regularised. Hence the Applicants herein are also entitled to be regularised as similarly placed employees. But instead, to the shock and surprise of the Applicants, they were issued with the impugned OM dated 31.12.2020 terminating them. Hence, aggrieved, the applicants have filed these OAs.

4.1. The respondents have filed their reply opposing the relief prayed by the applicants. It is submitted that the advertisement notification was published by ICMR-VCRC after obtaining permission from ICMR, vide letter No. 74/88/2011-ECD-Il dated 17.12.2013. The Employment Exchange, Government of Puducherry was also intimated to sponsor the list of candidates for the post of Staff Car Driver (Ordinary Grade) in this Centre. The ICMR-VCRC, Puducherry invited applications for filling up of three posts (Unreserved-1: OBC-1: SC-1) of Staff Car Driver (Ordinary Grade) initially for a period of six months on consolidated salary of Rs. 14,200/- among the candidates belonging to Union Territory of Puducherry, during December, 2014.

4.2. After screening the applications received for the post of Staff Car Driver (Ordinary Grade), 54 candidates were found eligible as per eligibility cr