ANAND KUMAR MAKKAR Vs. IIT DELHI

JUDGEMENT

(1.) As the facts and issues that arise for determination in these writ petitions are similar, I propose to dispose of all the aforesaid writ petitions by this common judgment and order.

(2.) The petitioners herein were appointed on different dates as Senior Research Assistants by the respondent/Institute. Since actions were being taken by the respondent/Institute to terminate the services of the petitioners from the aforesaid capacity, the present petitions were filed praying for a direction to the respondents/Institute that the services of the petitioners as Senior Research Assistants should be confirmed/regularised and that they should be declared as permanent employees of the respondent/Institute in the cadre of Senior Research Assistants.

(3.) The writ petitioner in C.W.P.1454/1990 is Shri Anand Kumar Makker which is taken as a. lead case in the present cases. He was, like the other petitioners appointed as Senior Research Assistant. The initial appointment letter of the said petitioner is placed on record which stipulates that the said appointment of the petitioner as Senior Research Assistant in the pay scale of Rs.550/- to Rs.900/- is temporary for a period of one year in the first instance. Another stipulation in the said appointment letter, was that during the period of temporary appointment, the services of the petitioner would be liable to be terminated by giving one month's notice in writing on either side and that for the termination of his services after confirmation, the petitioner would have to give three months notice to the Institute. Relying on the stipulations in the said appointment letter, it is sought to be submitted by the counsel appearing for the petitioners that the petitioner, namely, Shri Anand, Kumar Makker was appointed initially in the temporary capacity to the post of Senior Research Assistant which is a' cadre post and, therefore, the said petitioner was required to be confirmed in the cadre post of Senior Research Assistant on completion of his temporary appointment. It was also contended by the counsel appearing for the petitioners that subsequent orders of appointment issued by the respondent/ Institute in respect of Shri Anand Kumar Makker, the petitioner in C.W.P.1454/1990, appointing him as Senior Research Assistant on contract basis for a period of one year by orders dated 30/05/1988 and 1 6/05/1989 'are illegal and without jurisdiction and it is prayed in the writ petition that the said orders should be quashed and that the petitioner should be declared to be confirmed and regularised in the cadre of Senior Research Assistant. The case of Shri Manoj Kumar was also projected on the same line as that of Shri Anand Kumar Makkar. So far the remaining petitioners are concerned, similar reliefs .were also sought for.