YOGESH MAHAJAN Vs. PROF. R.C. DEKA, DIRECTOR

JUDGEMENT

(1.) The petitioner who appears in person was initially engaged on a contract basis as a Technical Assistant (ENT) in the All India Institute of Medical Sciences in 1998. The initial contract was for a period of three months, but it was renewed from time to time, without any artificial breaks, on a quarterly or a six monthly basis. It appears that the services of the petitioner were taken on contract basis without following any laid down procedure and without adherence to any rules. The contract of the petitioner was finally extended from 1st January, 2010 to 30th June, 2010.

(2.) When the contract of the petitioner was not renewed after 30 th June, 2010 he approached the Principal Bench of the Central Administrative Tribunal by filing OA No. 4104 of 2010. The OA was subsequently amended, but the essential prayer of the petitioner was to the effect that the order dated 24th November, 2010 passed by the All India Institute of Medical Sciences, declining to extend his contract ad hoc appointment by a further period of six months ought to be quashed.

(3.) By its judgement and order dated 25th July, 2011 the Central Administrative Tribunal declined to grant this relief to the petitioner on the ground that he had no right to an extension of his services and further, he had no right to be regularised as a Technical Assistant since his appointment on a contractual basis or on an ad hoc basis was made without following any laid down procedure and without following any rules. In this regard, the Central Administrative Tribunal relied upon the decision of this Court in Secretary, State of Karnataka v. Uma Devi (3) (2006) 4 SCC 1 The OA was accordingly dismissed.