SPORTS AUTHORITY OF INDIA Vs. KULBIR SINGH RANA

JUDGEMENT

(1.) Sports Authority of India (for short 'SAI') was created in the year 1984 and was registered as a society under the Societies Registration Act, 1860. The necessity for creating a society is reflected in a resolution dtd. 25/1/1984 of the Department of Sports, Government of India, wherein the objective of the society was stated to be 'promotion of sports and games in India'. SAI is directly under the administrative and financial control of the Government of India.

(2.) Rules have been framed for regulating the method of recruitment to the post of Sports Sciences & Sports Medicine Staff (including the post of physiotherapist), which are known as Sports Authority of India (Sports Sciences and Sports Medicine) Staff Recruitment Rules, 1992 (hereinafter '1992 Rules') and under the Sports Authority of India (Service) Bye Laws and Conditions of Service Regulations 1992, where employees can also be directly recruited as per provision 8 [METHOD OF RECRUITMENT: Recruitment to a post under the Society may be made by any one or more of the following methods: (a) Promotion (b) Direct Recruitment (c) Deputation (d) By reemployment of a retired employee of the Society or Central/ State Government or any other Organization. (e) On Contract for a specified period of technical personnel on specific terms as approved by Vice-Chairperson, SAI]. There is also a provision which is defined as "initial constitution" under the 1992 Rules which reads as under:

(3.) Under the above provision, an employee, who is working on ad hoc basis on any post mentioned in the 1992 Rules shall be deemed to be appointed under the said rules, after being duly approved for the "initial constitution" of SAI. In other words, he/she is not merely a daily wage or a contractual employee, but an employee of SAI. The respondent was continuing on contractual basis as a physiotherapist (grade II) since 20/2/2021.