ASHA KUMARI Vs. TECHNOLOGY INFORMATION FORECASTING

JUDGEMENT

(1.) By the instant petition, the petitioner, in effect, seeks issuance of a writ of Mandamus for being regularized to the post of Hindi typist with the respondent-Technology Information Forecasting And Assessment Council in short, 'TIFAC'.

(2.) The facts emerging from the record are that the committee of Parliament on Official Language recommended 27 items of work to be done in Hindi by TIFAC. At that point of time, there was no Hindi typist in TIFAC. It resulted into TIFAC undertaking a process for selection for the post of Hindi typist. In pursuance thereof, the petitioner came to be engaged as Hindi typist w.e.f. 18.05.2006. For the purpose, she was issued communication F No. 13/16/2006/Admn-Tifac, copy whereof, forms part of the petition, as Annexure P-1. Her such initial employment was on contract basis for a period of 89 days from the date of joining on a consolidated pay of Rs.5000/- per month. Her appointment was however extended from time to time without any break in service. Last of such extension was vide office order F. No. TF/02/007/2008-Estt. Vol-II dated 24.10.2016 till 31.03.2017 with TIFAC. Before the expiry of such term, when the petitioner had put in more than 10 years, apprehending non-extension of her service, she has approached this Court by the instant petition.

(3.) TIFAC opposes the grant of any relief to the petitioner, primarily, on two counts. Firstly, the recommendation made by it to the Central Government, which has administrative control over it, was not acceded to. The other pertinent plea is that the work related to the subject post was neither inherent to the functioning of TIFAC nor was such that its dispensation would create any impediment in the smooth functioning of TIFAC inasmuch as much of TIFAC staff was now trained in Hindi typing and was doing the job of Hindi typist.