ALOKE SINGH Vs. INDIAN STATISTICAL INSTITUTE

JUDGEMENT

(1.) The petitioners are the gardeners of Indian Statistical Institute (for short 'ISI') who started working as contractual employees in ISI from 2013.They were appointed through a recruitment procedure for which advertisement was published in news paper. (vide page 25 A of the writ application) From the documents it has been shown to me that in a meeting of the outsourcing committee dtd. 25/11/2016 the recruitment policy was changed after going through the views of CAG and legal views taken by ISI that the extension (of contract) may continue till they attain the age of 59 years if they are physically fit and medical test will be essential for that purpose. It is not at all the case of the respondents including the Government that after this decision dtd. 25/11/2016 there is such change of circumstances whereby this decision of the outsourcing committee taken on 25/11/2015 is required to be changed and the petitioners can be sent under some contractor for the same job as has been decided now as shown to me by the respondents to one Government labour contractor namely Kalpataru Enterprise for one year. Against 59 years of age as was decided by the outsourcing committee the petitioners are giving job for 1(one) year service period. This is clearly prejudicial to the interest of the petitioners. A benefit granted to the contractual workers by a committee of the autonomous body can never be changed to the detriment of the beneficiary workers that too without taking their consent. This is wholly illegal. Every citizen of this country has a status and prestige as human being as guaranteed by Article 21 of the constitution of India and their life and prestige as a human being cannot be dealt with by some powerful persons like pawns.

(2.) No prayer for filing affidavit-in-opposition has been made by the respondents and the matter is heard in extenso.

(3.) The minutes of the meeting of the ISI council dtd. 3/1/2022 in respect of considering the matter relating to engagement of contractual manpower shows that some Government officers are making comments in respect of running of an autonomous institution as if from a higher pedestal without giving any reason for their comments. Therefore, I do no know what is the reason when it has been stated by the Chairman that when the question as to contractual employee was sent to Ministry of Statistics and Programme Implementation representative who clearly said that continuation of employment on contractual basis period after period is not correct( vide page 148 of the writ application).