TEJINDER KAUR Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner filed the present writ petition in this court praying for the following reliefs: (a)Issue an appropriate writ/order/ directions commanding the respondents to consider the petitioner to have been regularly appointed on the post of Research Assistant with effect from 21.4.1989 in terms of the Joining report given by the petitioner and to grant the petitioner seniority in the cadre of Research Assistant from that date; (b)Pass an appropriate writ/order or direction commanding respondents to grant petitioner all consequential benefits by considering the date of appointment of petitioner on the post of Research Assistant on regular basis with effect from 21.4.1989: (c)Pass appropriate orders commanding respondents to issue order of confirmation in the case of petitioner from the date the petitioner completed her period of probation i.e. 21.4.1991.

(2.) The petitioner joined the respondent No.2 on 21.9.1987 on a Project as Research Investigator. On completion of the aforesaid project the petitioner joined as Research Investigator on another project on 1.6.1988. On 1.3.1989 the petitioner was appointed as Research Assistant on yet another project and on that project the petitioner worked upto 31.8.1990. The respondent No.2, meanwhile advertised 10 posts of Research Assistants to be appointed on regular basis, selection for which was held on 6.4.1989. The petitioner applied for one of the aforesaid posts and was also called for the aforesaid selection. The petitioner was selected in the aforesaid selection as a regular Research Assistant and an offer was made to the petitioner under Memorandum dated 13/17.4.1989-offering her a temporary post of Research Assistant in the scale of pay of Rs.1640-2900. In the said letter it was also mentioned that the petitioner would be on probation for a period of 2 years from the date of her appointment. In reply to the aforesaid letter the petitioner sent a communication on 21.4.1989 addressed to' the Director of respondent No.2 conveying her acceptance for the said post as per the terms and conditions in the said memo dated 17.4.1989. The last paragraph of the said letter having relevance is extracted below:-

(3.) The petitioner, as it appears, even thereafter was given another project appointment as ad hoc Research Assistant under the Project entitled "Assessment of female health workers, knowledge of ICDS and non- ICDS projects". The petitioner accepted the aforesaid appointment on a consolidated salary. The petitioner received the consolidated salary as against the aforesaid project appointment as ad hoc Research Assistant and continued to work as such till 31.8.1990 when she was relieved on expiry of her tenure on project. By a letter dated 28.9.1990 the petitioner informed the Director of respondent No.2 that she had already submitted her joining report on 26.9.1990 for regular appointment to the post of Research Assistant and sought for posting order consequent thereto and also for allowing her to get herself medically examined. It is alleged that however, no positive action was taken by Director of the respondent No.2 even in spite of the said letter and accordingly the petitioner approached the Chairperson of respondent No.2, upon which an order was issued holding that the petitioner had a right to the appointment, with a further direction to the Director of respondent No.2 to allow the petitioner to join back by allowing acceptance of her joining report. The petitioner, thereafter joined as a Research Assistant. However, in the seniority list of the Research Assistance published/circulated by respondent Institute, the petitioner was shown to be non-confirmed although the date of selection was shown there as 6.4.1989, and the date of appointment in the post of Research Assistant was shown as 26.9.1990. Being aggrieved by the same/the petitioner filed the present writ petition claiming for the aforesaid reliefs.