LT COL RETD APN SINHA Vs. ONGC LTD

JUDGEMENT

(1.) Both these petitions have common question and hence are taken up for hearing and disposal and are disposed of by this common judgment.

(2.) Both these petitions are filed by the petitioners who were appointed as Manager (Security) by ONGC Limited by order bearing incidentally the same date, i.e. 19.05.1997. The order says that, .. .. The appointment is on tenure basis initially for a period of three years from the date of appointment. Conditions are annexed to the order. Condition No.4 reads as under: 4. The appointee shall be initially appointed on tenure basis for a period of 3 years in ONGC from the date of his appointment extendable by two years primarily in the corporation.

(3.) The relevant facts of the case are that the petitioners were appointed as Manager (Security), the services of petitioner in Special Civil Application ( SCA for brevity) No.5646 of 2002 were extended up to 30.06.2001 and thereafter upto 30.06.2002, while the services of the petitioner in SCA No.5707 of 2002 were extended upto 29.06.2001 and thereafter upto 29.06.2002. Before their term/tenure came to an end on 30.06.2002 and 29.06.2002 respectively these petitioners approached this Court by filing the present petitions. SCA No.5646 of 2001 was filed on 17.06.2002 while SCA No.5707 of 2002 was filed on 21.06.2002. Both these petitioners have prayed that the respondents be directed to treat the appointment of the petitioners at par with other regular employees holding the post of Manager (Security) with all benefits attached to the post and to continue the petitioners in service till they attain age of 60 years. It is also prayed by the petitioners that appointment of the petitioners, by way of tenure appointment be declared contrary to the Recruitment Rules, public policy, arbitrary and therefore violative of Article 14 of the Constitution of India.