LAWS(MAD)-2019-3-190

D NOBLE RAJ Vs. CENTRAL ADMINISTRATIVE TRIBUNAL

Decided On March 28, 2019
D Noble Raj Appellant
V/S
CENTRAL ADMINISTRATIVE TRIBUNAL Respondents

JUDGEMENT

(1.) These three Writ Petitions have been filed to quash the Orders dated 20.09.2018 of the First Respondent in O.A.Nos.806, 807 and 808/2018 and to consequently direct the Respondents 2 to 5 to regularize the services of the Petitioner, in each of the Writ Petitions, in the post of Scientist B or Junior Assistant (W.P. No.29040 of 2018), from the date of appointment.

(2.) The salient facts of the case are as set out herein. The 4th Respondent herein (previously known as the DOEACC Centre, Chennai) issued an advertisement for recruitment of technical and non-technical persons for the DOEACC Centre at Chennai, which was established for providing training and educational services in state-of-the-art areas, i.e. VLSI and Embedded Systems, Advance Networking, IT Security, Information Storage and Animation and multimedias. Significantly, the advertisement states that "the Centre is looking for dynamic, devoted and result oriented candidates for the following posts on contract basis for the duration of the project, i.e. four years and likely to be continued." It appears that this advertisement was preceded by a letter dated 19.05.2010 from the Third Respondent to Fourth Respondent stating that appointment against the posts transferred to the Chennai Centre shall be made on graded scale of pay (Pay Band plus Grade Pay) for the duration of project, likely to be regularized based on the performance and status of the Centre at the time of project termination.

(3.) Each of the Petitioners before this Court applied for appointment on the basis of the above mentioned advertisement and orders of appointment were issued to each of the Petitioners by separate offers of appointment dated 21.02.2011. The offer of the appointment of Mr.Velayutham (Petitioner in W.P.No.29040 of 2018) was for the post of Junior Assistant in the pay band PB1 : Rs.5200 - 20200 + GP Rs.1900 whereas the offers of appointment of both Mr. D.Noble Raj(Petitioner in W.P.No.29035 of 2018) and Mr.S.Giri Rajan(Petitioner in W.P.No.29045 of 2018) were for the post of Scientist B in the pay band PB-3 Rs.15600-39100 with GP 5400. The important clauses in the offers of appointment of each of the Petitioners are as under: