LAWS(DLH)-2011-7-306

N K ANAND Vs. UNION OF INDIA

Decided On July 19, 2011
N.K.ANAND Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) PETITIONER No. 1 Mr. N.K. Anand and PETITIONER No. 2 Mrs. Usha Bhatia have filed this petition under Article 226 of the Constitution on 29th August 2000 praying for a direction to Respondent No. 3, National Physical Laboratory (,,NPL), and Respondent No. 4, National Accreditation Board for Testing and Calibration Laboratories (,,NABL), to consider absorbing the PETITIONERs against the posts of Junior Stenographer and Lower Division Clerk (,,LDC), respectively. Subsequently, the petition was amended to seek a direction to the NABL to regularize the services of the PETITIONERs with all consequential benefits and, in the alternative, for a direction to the NPL to regularize their services with all consequential benefits.

(2.) PETITIONER No. 2 was appointed as an LDC by the NPL under the National Coordination of Testing and Calibration Facilities (,,NCTCF) Project for a period of six months by an Office Memorandum (,,OM) dated 8th November 1988. The said OM indicated that her appointment was temporary and sanctioned up to 7th April 1989 in the first instance under the NCTCF Project. Clause 5 of the OM made it clear that the appointment was not a Council of Scientific and Industrial Research (,,CSIR) appointment, temporary or otherwise and it did "not entitle the incumbent to any claim, implicit or explicit, on any CSIR post."

(3.) THE DST formed NABL as a society with the wider object of assessing the standards of various laboratories in the country and granting them accreditation. NABL was registered as a society with effect from 12th August 1998. It began functioning as an autonomous body fully funded by the DST. A decision was taken to shift the activities of NABL to the Qutab Hotel. This was communicated by the NABL to the NPL on 7th December 1999.