A permanent employee in a TSP area cannot claim TSP status or benefits without the appropriate certificate, adhering to the constitutional provisions and prevailing legal precedents.

ORDER :

1. Challenge is to the judgment dated 31.05.2024 passed by the learned Single Judge, whereby the learned Single Judge has rejected the submissions raised by the appellant and concluded that a candidate in-service would not be able to claim appointment against the TSP post as he does not possess the TSP area certificate.

2. Learned counsel for the appellant submits that the appellant working as Helper Grade-I (TSP Area) in the respondent-Ajmer Vidyut Vitaran Nigam Ltd. (for short, "AVVNL") at the time of issuance of advertisement, he applied for the post of Junior Engineer-I in AVVNL in pursuance of advertisement dated 22.02.2021 as an in-service candidate. However, despite being permanently absorbed in the TSP area in the Nigam, he was not considered for appointment to the Post of Junior Engineer Grade-I in the earlier advertisement issued for the TSP areas. Learned counsel submits that once the appellant accepts appointment to be an employee of the Nigam in the TSP area, he is entitled to consideration of the reservation provided for in-service candidates of the Nigam for the post as advertised in the TSP areas.

3. Learned counsel submits that he was appointed as a 'Probationer Trainee Helper Grade-II’ in the Ajmer Vidyut Vitran Nigam Ltd. on 07.11.2019 and had completed his probation period on 13.01.2022. The AVVNL had issued a circular dated 16.01.2020 for the purpose of absorption of employees in the TSP areas or outside the TSP areas and with a condition that those who would seek the option to stay in the Schedule Area cannot opt for transfer for posting outside the scheduled areas. Keeping in view the said condition and accepting the same, the appellant had opted for the TSP area and thereby, he became a substantive employee of AVVNL in the TSP area. He, therefore, cannot be distinguished from other candidates of the TSP areas, and while he was an in-service candidate, he would also be entitled to get the benefit of reservation as an in-service candidate of the Nigam.

4. Learned counsel further submits that as per the AVVNL Scheduled Areas Engineers, Ministerial and Class-IV Service (Recruitment and other Service Conditions) Regulation, 2017 (Regulations of 2017), the member of the services is defined under Regulation 2 (j) to means a person appointed to a post in the Service on the basis of regular selection under the provisions of these Regulations, or Regulations or Orders superseded by the regulations. The substantive appointment is defined under Regulation 2(q) to be read as under:-

"2(q) "Substantive Appointment" means an appointment made under the provisions of these Regulations to a substantive vacancy after due selection by any of the methods of recruitment prescribed under these Regulations or Regulations or orders repealed by these Regulations and includes an appointment on probation or as a probationer followed by confirmation on completion of the probation period;

Note: Due selection by any of the methods of recruitment prescribed under these Regulations will include recruitment either on initial constitution of the Service or in accordance with the provisions of any Regulations or orders, now superseded, except urgent temporary appointment."

5. Further, he invited our attention to Regulation 5 of the said Regulations, which provides constitutional service as under:

"5. Constitution of the service-The Service shall consist of;

(a) All persons holding substantively the post(s) in the Scheduled Area on the date of commencement of these Regulations;

(b) All persons recruited to the posts included in the Service and remained