Court mandated regularization of long-serving temporary employees, emphasizing protection against arbitrary outsourcing in public service, reinforcing legal employment standards.

ORDER

Per Justice Narendra Kumar Johari, Member (J) :-

Present O.A.has been filed by the applicants for the following reliefs:-

“8.1. That your Lordships may graciously be pleased to quash and set aside the Office Memorandum dated 08.07.2021 as contained in Annexure A/1 particularly with respect to shifting of 17 sanctioned posts of MTS to be manned though Outsourcing which is in detrimental to the interest/right of applicants.

8.2. That your Lordships may further be pleased to direct/command the respondents to absorb/regularize the services of applicants on the sanctioned posts of MTS against which they have been appointed and working.

8.3. That Respondents be further directed to allow the applicants to work against their respective posts till they are finally absorbed/regularized in service under the Respondents.

8.4 That the Respondents be further directed to grant all consequential benefit in favour of the Applicants for which they are legally entitled too.

8.5 Any other relief or reliefs including the cost of the proceeding may be allowed in favour of the Applicants.”

2. The factual matrix as argued by learned counsel for the applicants is that they were initially engaged/appointed against their respective posts in between 2009 to 2016 through Placement Agency. They are now working under the Opposite Party No..4.

3. That the respondent authorities approved the proposal of creation of 29 additional administrative posts at National Institute of fashion Technology (NIFT), Patna Campus on recommendation by the Standing Committee which was communicated by the Opposite Party No.3 through letter No.NIFT/HO/Estt.II/Creation of Posts/2014 dated 14.01.2016 to the NIFT, Patna Campus.

4. Thereafter, the Opposite Party No.4 has issued letter dated 02.02.2017 (Annexure-A/2) soliciting permission of the competent authority i.e. Director General, NIFT, New Delhi to all the NIFT, Patna to have ad-hoc appointments for the vacant Group-C Posts. Thereafter, Opposite Party No.1 has accorded approval for the same vide letter dated 20.03.2017. (Annexure-A/3).

5. It is also stated by the applicants that the competent authority, the Opposite Party No.5 has issued one Office Memorandum dated 21.07.2017 whereby all Head of the Departments were requested to fill the Performance Appraisal of employees engaged through Placement Agency, working in NIFT, Patna and to forward it up to 24.07.2017. (Annexure-A/4).

6. It is further stated by the counsel for applicants that vide Office Memorandum dated 21.08.2017, a Screening Committee comprising 04 Group-A officers was constituted and Committee was directed to submit its report for recommendation of names of candidate who fulfill the R.R.S. and can be considered for Ad-hoc appointment on various sanctioned posts. (Annexure-A/5). Screening Committee was held on 21.08.2017 and recommended 28 persons including the applicants. (Annexure-A/6).

7. That the competent authority has issued appointment letter dated 29.08.2017 for appointing the applicants against short Term basis on consolidated salary initially for six months from the date of joining or till the posts is filled by regular incumbent or until further orders, whichever is earlier with further condition that they will govern with Central Civil Service (Conduct) Rules. It is further stated that after their appointment, applicants joined against the post of MTS on 01.09.2017 and posted vide order dated 04