NIRUPAMA TRIPATHY Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioners were the applicants in O.A.Nos.748 of 1994, 749 of 1994, 750 of 1994 and 751 of 1994 before the Central Administrative Tribunal, Cuttack Bench, Cuttack seeking for regularization in service. THEir Original Applications having been dismissed by the Tribunal in a common judgment, they approached this Court in the present writ application. This writ application was allowed by judgment dated 30.6.2005 directing the opposite parties to consider their cases for regularization and also for giving them continuity of service as ad hoc employees. THE order of termination passed on the basis of the judgment of the Tribunal was also quashed. THE opposite parties challenging the said judgment approached the Hon'ble Supreme Court in Civil appeal No.240 of 2007. THE Hon'ble Supreme Court by order dated 16.1.2007 set aside the order of this Court and remitted the matter back for hearing afresh in the light of the decision of the Hon'ble Supreme Court in the case of Secretary, State of Karnataka and others v. Uma Devi and others, reported in (2006) 4 SCC 1, corresponding to AIR Supreme Court 1806.

(2.) THE facts leading to filing of the Original Applications by the petitioners before the Tribunal are that the Regional Director, E.S.I. Corporation called for names of suitable candidates for filling up the posts of Lower Division Clerks on ad hoc basis. THE Employment Exchange was requested to sponsor the names of at least 40 candidates. THE age limit was mentioned as 18 to 25 years, the upper age limit being relaxable by 5 years in case of S.C. and S.T. candidates. In response to the said request made by the Regional Director, names were sponsored by the Employment Exchange including that of the petitioners and as it appears a type writing test followed by interview had been conducted and candidates were selected for such appointment by the Selection Committee including the petitioners. THEy were appointed on ad hoc basis initially for a period of three months but such appointments were extended from time to time. Ultimately in the year 1992, an order was passed extending their appointment for a further period of three months or till availability of regularly selected candidates whichever is earlier. Having continued for a long period on ad hoc basis, they approached the Tribunal for regularization of their services. Apprehending termination during pendency of the Original applications, the petitioners also sought for protection and the Tribunal by order dated 30.12.1994 directed that their services should not be terminated without the leave of the Tribunal.