UNION OF INDIA Vs. R.PARAMASIVAM

JUDGEMENT

(1.) These Writ Petitions have been filed against the common order dated 18.12.2012 passed by the Central Administrative Tribunal, Chennai in O.A Nos.1101 to 1104 of 2011.

(2.) The applicants in the Original Applications are the first respondents in the respective Writ Petitions. The Original Applications were filed invariably seeking reinstatement as part time contingent chowkidar (night watchman) at Thiruparankundram Subordinate Office, Thathaneri Subordinate Office, K.Pudur L.S.G. Subordinate Office and Thirumangalam Subordinate Office respectively and for a consequential direction to absorb the applicants as Watchmen with all service benefits. For the sake of convenience, the first respondents shall be referred as applicants and the Writ Petitioners as petitioners.

(3.) The applicants were employed as Contingent Night Watchmen and had put in more than 8 years of continuous service. They also claimed to have worked more than 12 hours every day. As their service was terminated, they had filed the applications. In reply, the petitioners contended that the applicants were appointed purely on temporary basis and the said fact was well known to the applicants. Since there was no Recruitment Rules at the relevant time, the applicants were directly recruited, and as per the Rules no part time employee should be engaged and paid for more than 5 hours a day. Based on the policy decision to abolish all contingent posts, the services of the applicants have been terminated.