V K SRIVASTAVA Vs. UNION OF INDIA

JUDGEMENT

(1.) All these Writ Petitioner raise common questions of facts and law. The petitioners in all these writ petitions are employed by National Industrial Development Corporation Ltd. ( NIDC for short). They were all appointed on contract basis to the post of Assistant Engineer. In these Writ Petitions they are all claiming same relief i.e. Regularization of their services by NIDC as well as pay of regular employees on the principle of equal pay for equal work. Accordingly, all these petitions are disposed of by one common judgment.

(2.) In order to appreciate the controversies between the parties, it would be appropriate to refer to the facts contained in Civil Writ Petition No-4418 of 1998, in as much as facts on the basis of which the relief is sought by the petitioner in different Writ Petitions are more less same.

(3.) The petitioner in Writ Petition No. 4418 of 1998 was appointed on contract basis to the post of Assist. Engineers by NIDC with effect from 8.10.92. He is a qualified Engineer and working with NIDC for over six years without any break. He was appointed on consolidated salary of Rs.3,100.00 per month. He claims that he is working in various site offices of respondent No.2 organization to oversee conduct and supervisions were carried on by respondent No.2 on behalf of various organizations. Petitioner states that he was appointed on contract basis pursuant to advertisement issued in this regard. He applied for the post of Assistant Engineer and was interviewed by Selection Committee. Offer dated 8.10.92 of contract appointment as Assistant Engineer (Civil) shows that it was consolidated salary for a period of one year from the date of his joining duties. This appointment was for NIDC projects. Offer of contract appointment provides that it would Stand automatically terminated on the expiry of period of contract mentioned therein unless extended in writing. It is further provided that NIDC shall have right to terminate the contract by giving one month's notice in writing or paying one month's consolidated salary in lieu thereof. After getting this appointment, petitioner has been discharging the duties to the full satisfaction of the respondents. Petitioner states that he was never given opportunity to be regularised in NIDC although respondents have always verbally assured that he along with other similarly situated contract appointees would be regularized in due course. Alothough respondents have held about 3 interviews for appointment on regular basis during third period the petitioner has never been called for interview at the said selection progress. He submits that in view of his long satisfactory service and as respondents need Assistant Engineer on regular and perennial basis, he is entitled to be regularized as Assistant Engineer.