CENTRAL ADMINISTRATIVE TRIBUNAL KOLKATA BENCH KOLKATA No.O.A.350/1357/2016 Date of order : 25.04.2025 Present : Hon’ble Mrs. Urmita Datta Sen, Judicial Member Hon’ble Mr. Suchitto Kumar Das, Administrative Member Ajoy Kumar Sardar, son of Sri Budhiswar Sardar, aged about 58 years, working as Temporary Status Worker in the Indian Institute of Chemical Biology (C.S.I.R.), Kolkata -700032, residing at A-92, Survey Park, Santoshpur, Kolkata-700075 ………Applicant - V E R S U S –

1. Union of India, represented by the Director General, Council of Scientific and Industrial Research, Government of India, Anusandhan Bhavan, 2, Rafi Marg, New Delhi -110001;

4. The Director, Indian Institute of Chemical Biology (A Unit of C.S.I.R.), 4, Raja S.C. Mullick Road, Jadavpur, Kolkata-700032;

5. The Administrative Officer, Indian Institute of Chemical Biology, 4, Raja S.C. Mullick Road, Jadavpore, 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) An order directing the respondent authorities to regularize the service of the applicant with retrospective effect from 3.5.1985 as per his entitlement so that the applicant is not deprived of the usual service benefits like a regular staff;

b) An order directing the respondents to rescind, revoke and/or withdraw the O.M. dated 09.08.2016 (Annexure A/12);

c) An order directing the respondents to transmit the entire records for adjudication purpose;

d) And to pass such other or further order or orders as Your Lordships may deem fit and proper.”

4. At hearing, Learned Counsel for the applicant has placed the brief facts of the case, which reads as under:-

(a) The applicant in the instant O.A. is a pre-university passed candidate and belongs to S.C. Community, who was engaged as a Gardener on contract basis from 03.05.1985 in the campus of Council of Scientific and Industrial Research (CSIR), Kolkata, which would be evident from the Certificate dated 28.02.1992 (Annexure A/2 to the O.A.) issued by the Assistant Director, Central Glass and Ceramics Research Institute (a Unit of C.S.I.R.), Kolkata and the President, SIRSA Resident’s Welfare Association, Kolkata. Thereafter, service of the applicant as Gardener was extended upto 31.12.1987 vide Order dated 10.12.1986(Annexure A/3 to the O.A.). As per the Learned Counsel for the applicant, service of the applicant as such was further extended from time to time without any break in service from 1985 to 1995 and the Deputy Director, I.I.C.B., Calcutta recommended his case for permanent appointment. He has attached Certificates dated 24.05.1995 and 01.08.2008 (Annexure A/4) in support of such submission.

(b) The applicant was also engaged as Lift Attendant in the Indian Institute of Chemical Biology (an other unit of C.S.I.R.), Kolkata. He has also obtained diploma in Lift Operation from Government of West Bengal. The Director of Indian Institute of Chemical Biology had issued a Certificate dated 25.06.1998 (Annexure A/5) in favour of the applicant in appreciation of the unblemished service of the applicant for the period from 1985 to 1998 and recommended his name to IICB, Jadavpur, Kolkata to appoint him as a Lift Attendant till he obtained a permanent job. Thereafter, the applicant was engaged as Lift Attendant on job-contract basis at a consolidated remuneration of Rs.2,500/- per month for a period of 1 year vide Order dated 22.07.1998 (Annexure A/6) and he joined du