UNION OF INDIA Vs. A PACKIYANATHAN

JUDGEMENT

(1.) THE present writ petition is filed by Union of India, the Commandant, Defence Services Staff College and the Mess Secretary, Officers Mess Defence Services Staff College, Wellington Branch, Nilgiris, against the order passed by the Central Administrative Tribunal in O. A. No. 1039 of 2001.

(2.) THE aforesaid Original Application has been filed by the present contesting respondents 1 to

(3.) THE brief facts as culled out from the Original Application and the counter affidavit filed before the Tribunal, the affidavit and the counter affidavit filed in this Court are as follows: Union of India has established Defence Services Staff College at Wellington (Nilgiris), for the purpose of imparting training to middle-level Commissioned Officers of all three Services in the rank of Lieutenant/major and their equivalents in Navy and Air Force, Officers from Para-Military Forces, Civil Services, Officers and Service Officers from friendly foreign countries. Such officers attend staff training course come from various Head Quarters / Units all over India and abroad. Duration of the course is for 11 months. The total strength of the Directing Staff (Teaching Staff) and the trainees attending such course during any particular year is approximately 550. All such teaching staff and the trainees avail the mess facility. For the aforesaid purpose, a building is provided by the Union Government. The mess is known as 'defence Services Staff College Mess' in short 'dssc Mess'. The applicants before the Tribunal have been engaged, some of them for a pretty long period, in different capacities such as waiter, cook, sodamistry, masalchi and safaiwala to do various chores in connection with preparation of food, serving of food, beverages and cleaning of the mess. Such applicants are employed by the Mess Secretary and directly under his control, who is usually an officer in the rank of Brigadier. Since such applicants had been continuing for a long period, representation had been made on their behalf to regularise them and treat them as regular employees. One of the co-workers, namely, S. Arumugam, had filed O. A. No. 266 of 2000, which was disposed of by the Tribunal by giving a direction to dispose of his representation on merit and in accordance with law. While considering the said representation, the present Petitioner No. 3 issued the impugned letter dated 29. 5. 2001, rejecting the request for regularisation mainly on the basis that such employees were not paid out of any defence services budget/estimates nor had been employed as per rules of the Government of India regarding recruitment and had been privately employed and were being paid out of subscription contributed by members of the mess.