I SRILAKSHMI Vs. UNION OF INDIA

JUDGEMENT

(1.) All these Writ Petitions arise out of a common order passed by the Central Administrative Tribunal, Madras Bench dated 12.07.2010 in O.A.Nos.382 to 392 of 2009 filed by the petitioners herein, disposing of the Original Applications with certain directions as contained in paragraph-7 of the impugned Judgment, which is extracted below:-

(2.) The petitioners, who are working as Junior Assistant, Helper etc., under the second respondent have approached the Tribunal seeking regularisation of their services, with effect from the date of their original appointment from 2002 to 2003, as they have been continuously employed uninterruptedly without any break. According to the petitioners, at the time of recruitment, originally in the year 2002-2003, they were subjected to regular selection in terms of the Recruitment Rules and in terms of the Policies of the Government. However, their appointment is termed as 'contractual' for a period of three years alone. Admittedly, the said appointment has been continued without any break. The factum of due selection and appointment of the petitioners by the second respondent in terms of the Government Regulations and Rules has been admitted by the second respondent. Inspite of the same, they were continued on contract basis without their services being regularised all these years. In those circumstances, the applicants were constrained to approach the Tribunal praying for regularisation of their services from the date of their initial appointment.

(3.) Per contra, the learned counsel appearing for the second respondent contended before the learned Tribunal that the second respondent, being a Society fully funded by the Government of India, they were under the obligation to follow the Government norms and regulations for appointment. Moreover, the petitioners having been appointed against the project work, their services cannot be regularised in the absence of sanctioned regular posts. The learned counsel appearing for the second respondent relied upon the decision of the Hon'ble Supreme Court of India rendered in the following cases:-