YASHVANAT BALAJI MESHRAM Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition under Articles 226 and 227 of the Constitution of India is filed against the order dtd. 10/11/2023 by the Central Administrative Tribunal in Original Application No.433 of 2020. By the impugned order, the Tribunal has rejected the application of the petitioner challenging the order of the respondent- department dtd. 3/11/2020. By the order dtd. 3/11/2020, the respondent- department had terminated the services of the petitioner from the post of driver cum lab attendant.

(2.) Learned advocate for the petitioner has submitted that the petitioner originally appointed to the post of driver in the year 2003 with the then existing National Institute of Miners' Health (hereinafter referred to as 'NIMH' for short) on contractual basis pursuant to the advertisement issued for the post of driver cum lab attendant. The petitioner having succeeded in the process was given an appointment order dtd. 27/2/2015 to the post of driver cum lab attendant.

(3.) Learned advocate for the petitioner submitted that NIMH was required to undertake a process as per the Recruitment and Merit Assessment Rules, 2004. The exercise of merit assessment/ contract review by the committee and upon such exercise being undertaken and if the petitioner falls within the bracket of assessment for appointment would be taken up as regular employee or upon failing in the merit assessment his services could have been terminated. However, the respondent- department without complying with the requirement of the Rules, particularly, Rule Nos.6.3.2 and 6.3.3 have proceeded to terminate the services of the petitioner. It is submitted that it was the duty of the department to undertake this exercise and having failed in doing so, the petitioner's services ought not to have been terminated. Learned advocate has thereafter submitted that there was merger of NIMH with National Institute of Occupation Health (hereinafter referred to as 'NIOH'), both working under the umbrella of the Indian Council for Medical Research (hereinafter referred to as 'ICMR' for short) and as a part of merger of both the organizations, the employees of NIMH were ordered to be treated as employees of NIOH. It is submitted that at that stage also the petitioner was absorbed as an employee of NIOH and it is thereafter that the impugned order was passed by the department in terminating the services of the petitioner.