AGAMAIAH G Vs. DIRECTOR NRSA HYDERABAD

JUDGEMENT

(1.) The erstwhile Helper in National Remote Sensing Agency (for short 'NRSA') invoked jurisdiction of this Court under Article 226 of the Constitution of India by filing this writ petition seeking for a declaration that the action of the respondent in preventing the petitioner to attend the duty as illegal as it offends Articles 14 and 16 of the Constitution of India. He further seeks declaration that he is entitled to be regularised in the cadre of Helper from the date of his original appointment as NMR Helper with all consequential benefits.

(2.) The factual matrix leading to the filing of this writ petition is set out as hereunder: The writ petitioner was temporarily appointed as Helper by the respondent agency on a consolidated salary of Rs. 750.00 per month and since then he has been continued as Helper with break of one or two days for every six months. The petitioner was qualified to be appointed as Helper and in accordance with the recruitment rules he has submitted his application for regular appointment as an in-service candidate and he attended the interview held on 14/09/1992 and the petitioner understands that the respondent had prepared a panel among the candidates who are selected and it would appear that his name was included in the said panel. On verification he was also informed that his case would be considered basing on the seniority and the vacancy position in the organisation. On 6/04/1994 the respondent agency has issued instructions to the security people that the petitioner should not be allowed inside to attend the duty. The conduct of the respondents is not permitting him to attend the duties without any written instructions or without any written orders is assailed in the present writ petition. In other words, he is entitled to be appointed as Helper at earth station in the respondent agency.

(3.) A detailed counter was filed on behalf of the respondents NRSA. It is contended on behalf of the respondents that the petitioner sent an unsolicited application on 6/01/1990 for a post and he was offered temporarily the post of Helper by letter dated 9/04/1990 on a consolidated salary of Rs. 750.00 per month for a period of six months specifically mentioning that his appointment was upto 8/10/1990. It was also stated that his services were liable to be terminated without assigning any reasons at any time during the tenure of appointment. He accepted the terms and conditions of appointment and joined duty on 16/04/1990 and he was posted to work at Satellite Earth Station at Shadnagar. His term of appointment was extended upto 15/04/1991 with effect from 16/10/1990 on the same terms and conditions stipulated in the letter dated 9/04/1990 and for a further period of six months from 16/04/1991 and for another six months period from 16/10/1991 upto 15/04/1992. He was converted into daily waged person from 16/04/1992 at Rs.30.00 per day for six months and his period on daily wages was extended by six months from October 16, 1992 and by another three months upto 14/07/1993 and a final extension was given for a further period of six months from 15/07/1993 upto 15/01/1994 on daily waged basis. The petitioner was informed orally to continue upto 31/03/1994 and he was paid wages upto 31/03/1994 and he was specifically informed on 31/03/1994 that his services were not required with effect from 1/04/1994. It is the contention of the respondents that the office of the respondents was declared as prohibited area under Official Secrets Act, 1923 and as such only the employees on roll and persons connected with day to day functioning of the respondent agency were authorised to enter into the premises. It is further contended that this Court by an interim order in WPMP 8478 of 1994 directed the third respondent to permit the petitioner to continue to work as Helper provided his juniors were retained pending further orders. In pursuance of said orders the petitioner requested the respondents to issue orders of reinstatement into service. The respondent agency informed the petitioner that no NMR Helper junior to the petitioner has been continued in the agency beyond 5/04/1994. In the counter a reference was also made to his economic status that the petitioner is a man of means owning a house of his own at Annaram village of Shadnagar and he is having wet land of Ac. 3-23 guntas in Annaram village bearing S.No. 199/2 and he is carrying on business in tailoring and his elder brother is working in a nationalised Bank at Medak. It is also contended that the petitioner contested in the elections as a Sarpanch of Annaram village and lost the election prior to his joining as Helper in NRSA. It is further submitted that in the interview conducted earlier the petitioner could not get himself qualified for the post of Safaivala and he was not found suitable for the post of Helper but he was found suitable for the post of Attender and he was kept in serial No. 3 in the panel and as there were only two posts for Attenders available during the currency of the panel of persons the persons in serials 1 and 2 were appointed. The case of the petitioner was also considered by the Selection Committee for the post of Safaivala and he was found not suitable.