Ad hoc canteen employees ineligible for regularization without meeting 1991 cut-off; long service via judicial orders does not confer rights.

ORDER

Per: RANJANA SHAHI, JUDICIAL MEMBER

At the request of learned counsels for the parties, OA No. 816/2016 and OA No. 817/2016 are taken up together for disposal as common question of law and facts is involved in the aforesaid matters/OAs.

2. For the sake of convenience, brief facts of OA No. 816/2016 are taken up. The relief sought for by the applicant in the said OA is as under: -

"8.1 That by a suitable writ/order or the directions the notice dated 28/10/2016 annexed vide Annexure A/1 be quashed and set aside being arbitrary and contradictory to the rules.

8.2 That by a suitable writ/order or the direction the respondents be directed to regularize the services of the applicant and the pay of the applicant be fixed in accordance and the consequential benefits be allowed to the applicant.

8.3 ?ny other relief which the Hon’ble Bench deems it”

3. The brief facts of the case, as stated by the applicant, are that he was appointed on 10.05.1993 for a period of 80 days and further his services were extended upto 03.10.1994 and 26.10.1994; after which his services were discontinued. Against the same, he approached this Bench of the Tribunal vide O.A. No. 543/1994 and this Tribunal vide order dated 16.11.2000 directed the respondents to regularise the services of the applicant. In pursuance thereof, the respondents allowed the applicant to join his duties. Aggrieved with the order dated 16.11.2000, the respondents-UOI approached the Hon’ble High Court of Rajasthan, Jaipur Bench, Jaipur vide D.B. Civil Writ Petition No.1245/2001 and the Hon’ble High Court of Rajasthan, Jaipur Bench decided the same vide order dated 04% October, 2013 and rejected his claim for regularisation, however, directed the respondents-Union of India to sympathetically consider the matter of his continuance in service. The respondents allowed him to continue but later on vide impugned Notice dated 28.10.2016 (Annexure A/1) his services were terminated; against which he has filed the present Original Application mainly on the following grounds:-

(i) That the respondents allowed the applicant to perform his duties on adhoc basis with effect from the year 2002, as such, the respondents’ Notice of Termination of Services issued in the year 2016 is liable to be quashed being arbitrary and against law of natural justice.

(ii) That his performance was satisfactory.

(iii) That the applicant has put in 23 years of his life in the service and he is 48 years of age shouldering the responsibility of his family and at this juncture, the applicant will become helpless.

(iv) That the action of the respondents is against the directions of the Hon'ble High Court of Rajasthan, Jaipur Bench'’s order dated 04.10.2013.

4. On the other hand, in their reply, the respondents have stated that the applicant was initially appointed as Bearer on purely adhoc basis on 10.05.1993 in Canteen of the respondent-department for a limited period of 80 days vide Office Order issued in the month of April, 1993 neither following any procedure of selection nor through Employment Exchange. It was clearly mentioned in the said order that he would not be regularized and his adhoc services could be terminated at any time without assigning any reason. His adhoc services were extended upto 19.10.1994 by passing the orders from time to time for 80- 90 days. The services of the applicant were discontinued from Canteen on 19.10.1994. Being aggrieved by discontinuation of services, he had filed OA. No. 543/1994 b