CENTRAL ADMINISTRATIVE TRIBUNAL KOLKATA BENCH KOLKATA No.O.A.350/181/2012 Date of order : 25.04.2025 Present : Hon’ble Mrs. Urmita Datta Sen, Judicial Member Hon’ble Mr. Suchitto Kumar Das, Administrative Member Manik Dutta, Son of Late Gnanendra Kumar Dutta, Aged about 52 years, working as casual employee in Establishment II(R&I) Section of Indian Institute of Chemical Biology, Kolkata, Residing at Haridevpur Aravinda Pally Abasan Society, Ustad Amit Khan Sarani, Kolkata-700082 ………Applicant - V E R S U S –

1. The Union of India, Service through the Ministry of Science & Technology, Having his office at Technology Bhavan, New Mehrauli Road, New Delhi-110016;

2. The Director General, Council of Scientific and Industrial Research, Having his office at Anusandhan Bhawan, 2, Rafi Marg, New Delhi -110001;

4. The Director, Indian Institute of Chemical Biology, Having his office at 4, Raja S.C. Mullick Road, Jadavpur, Kolkata-700032;

5. The Controller of Administration, Indian Institute of Chemical Biology, Having his office at 4, Raja S.C.

Mullick Road, Jadavpur, Kolkata-700032 ………Respondents For the applicant : Mr. P.C. Das, Counsel Ms. T. Maity, Counsel For the respondents : None

O R D E R

Urmita Datta Sen, Judicial Member Learned Counsel Mr. P.C. Das leading Ms. T. Maity, Learned Counsel has appeared for the applicant.

2. Learned Counsel Mr. K. Chakraborty has submitted that he would not appear in this matter for the respondents and sent a communication to the department to that effect. Therefore, none appears on behalf of the respondents. The matter is taken up as per Rule 16(1) of Central Administrative Tribunal (Procedure) Rules, 1987.

3. In the present O.A., the applicant has prayed for the following reliefs:-

“a) To pass a direction or directions upon the respondent authorities to regularize the service of the Applicant along with all other benefits and allowances appertaining thereto without any further delay whatsoever;

b) To pass a direction or directions upon the respondent authorities that in case there are no existing vacancies, posts should be created in order to regularize the services of the petitioner;

c) A direction upon the Respondents to allow medical benefits to the Applicant;

d) A direction upon the respondent authorities to take all appropriate measures against the wrongdoers for violating the established principles of law and for causing the petitioner to suffer deeply;

e) A direction as to costs of the proceedings to the petitioner;

f) Any further order or orders, direction or directions as the Hon’ble Tribunal may seem fit and proper for the ends of justice.”

4. Facts of the case in brief as stated by the applicant are as under:-

(a) The applicant was initially appointed as Casual Worker on 02.04.1985 in the Indian Institute of Chemical Biology (IICB) and thereafter he was terminated from service Vide Office Memorandum dated 24.01.1986 along with some other candidates, without any valid rhyme or reason. The applicant had knocked the door of Hon’ble High Court at Calcutta seeking justice, but their case was dismissed on the ground that Indian Institute of Chemical Biology (IICB) is not a State within the meaning of Article 12 of the Constitution of India. Thereafter the matter reached to Hon’ble Supreme Court and the Hon’ble Supreme Court had directed the applicants to prefer appeal before this Tribunal.

(b) Pursuant to the order of the Hon’ble Supreme Court, the applicant along with other similarly placed persons had filed O.A.No.137/2004 before this Tribunal which was disposed of vide Order dated 09.04.2008 with a direction upon the respondents to consider the case of the applicants for regularization (Annexure A/2 to the O.A). Pursuant to the said order of this Tribunal, the respondents Vide Office Memorandum dated 23.03.2009 informed the applicant that the Director, IICB has been pleased to confer temporary status on him and his pay would be fixed at the minimum of the scale of pay of Group ‘D’ employee with other admis