JITENDRA KUMAR AND ORS Vs. UOI AND ORS

JUDGEMENT

(1.) Vide the present petition, the petitioners seek direction thereby setting aside the impugned order dated 31.08.2017 and direct the respondents to reinstate the petitioners in the service forthwith as MTS as per Office Order dated 27.07.2017 and further the petitioners may be allowed to work continue on adhoc basis as MTS till regularization and also seeks direction thereby directing the respondents to grant all the consequential benefits like seniority and pay and allowances.

(2.) The case of the petitioners is that the name of the petitioner No. 1, was sponsored through Employment Exchange and appointed as Casual Labour on a daily wage basis vide order dated 26.09.2005 and one colleague, Mr. Satrughan Prasad was regularized as peon w.e.f. 30.04.2007. Subsequently, the respondent advertised for Recruitment as daily wager vide letter dated 03.08.2007 and name of the petitioner Nos. 2 and 3 were sponsored from Employment Exchange and they were appointed as casual labourers on daily wage basis for 89 days w.e.f. 21.08.2007. Thereafter, the petitioners were regularly engaged 89 days with one day technical break from time to time i.e. 2007 onwards by the respondents till office order dated 16.03.2016. The work and conduct of the petitioners was satisfactory with the satisfaction of superior officers therefore, the petitioners were promoted from daily wager to adhoc basis as MTS, after completion of 11 years of service, for the period of one year vide order dated 22.06.2016 in accordance with DoPT OM dated 14.11.2007.

(3.) Learned counsel for the petitioners submits that subsequently the respondents had decided to extend appointment of the petitioners in the National Commission for Scheduled Tribes (hereinafter shall be referred as Commission) purely on adhoc basis w.e.f. 16.06.2017 to 15.06.2018 in the pay Matrix Level 1 under 7th CPC of Rs.18,000-41,1000 against the existing vacancies of MTS for the period of one year or further orders whichever is earlier and posted at Commission Head Quarters vide order dated 27.07.2017. Thereafter, without completing tenure upto 15.06.2018 by the petitioners, the respondents passed impugned order dated 31.08.2017 withdrawing order dated 27.07.2017 with immediate effect. Being aggrieved, the petitioners have filed the present petition.