B PANDURANGA RAO Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition seeks regularisation of the services of the petitioner and for that purpose, a direction to the Department of Space to convey approval to the proposals made by the National Remote Sensing Agency (NRSA) for sanction of the additional man power strength.

(2.) The undisputed facts are that the petitioner responded to the advertisement dated 8-3-1993 for a temporary post of Technical Assistant-A for a period of one year. He was selected and appointed on 19-6-1993 for this post, the vacancy for which has arisen because of the study leave by the regular incumbent. The petitioner was initially appointed for six months, which was extended by another six months and further, upto 28-2-1994. However, when the regular incumbent returned from leave, because of the need for his services, the petitioner was offered a fresh appointment on contract basis on a consolidated remuneration of Rs. 2,300/- per month for a period of one year. On the petitioner expressing his willingness, he was given the contract for a period of six months initially which was extended for a further period of six months until 30-11-1995, when the period expired. In the meanwhile, according to the petitioner, a proposal had been made by NRSA for sanctioning additional man power so that the petitioner's services could be absorbed in a regular vacancy, but there was no response from the Ministry of Space which was the supervising agency for NRSA. The petitioner also stated that he had given up another offer from Geological Survey of India in the hope that he will be regularised here, but two other persons Sri P. Venkat Reddy and S. Srinivas who had been appointed later than him were continued to be employed. He further stated that the services of two other persons Sri Suresh and Sri Jagannadham, have been regularised and in the circumstances, failure to regularise the services of the petitioner, was arbitrary.

(3.) In the counter-affidavit filed by NRSA, it is stated that the services of the petitioner had been only on contract basis and any decision to create a post or regularise the services was wholly within the discretion of the Department of Space, and cannot be questioned. It is stated that the services of Sri Venkat Reddy and Sri Srinivas would expire on 23-12-1995 and 31-3-1996 respectively since they were also on contract basis. With reference to Sri Suresh and Sri Jagannadham, it is stated that they had been appointed earlier in 1992 against regular posts and therefore there was no discrimination in regularising their services. The additional counter-affidavit filed by the respondents stated that if any vacancy arises in future, the case of the petitioner will be considered for absorption according to rules and regulations of NRSA. The Department of Space has filed a counter-affidavit stating that the proposal of NRSA had been turned down and, therefore, the writ petition has become infructuous particularly when the contract service of the petitioner had also ended. The NRSA has filed a second additional counter affidavit adopting this counter of the Government of India.