SANJAY KUMAR Vs. INDIAN SCHOOL OF MINES DHANBAD

JUDGEMENT

(1.) In this writ application, the petitioner has prayed for issuance for an appropriate direction upon the respondents to regularize/absorb the services of the petitioner on permanent basis who has been working as Project Assistant with effect from 27.10.95 under Special Assistance Programme and further for payment of regular pay -scale to the petitioner.

(2.) Petitioner's case is that in 1963 on the recommendation of the Education Commission and in consultation with the Universities, the University Grants Commission established a scheme for developing a limited number of university departments in Research and Training in selected fields Under the University Grants Commission Special Assistance Programme, the. petitioner was appointed on the post of Project Assistant in the Department of Applied Geology and he submitted his joining on 27.10.95 to respondent No. 1, the Indian School of Mines. It is contended that the project in which the petitioner has been working, is a continuous programme and it does not close even for one hour. Petitioner's further case is that initially, he was appointed for two years but on the recommendation of the Supervisor and Dean, the tenure of appointment of the petitioner was extended up to 23.3.98. The services of the petitioner would be governed by the terms and conditions of the Special Assistance Programme. It is stated that although the programme was extended for further period of five years and for that purpose funds were sanctioned by the University Grants Commission, the services of the petitioner were not extended for the reasons best known to the respondents which was to expire on 23.3.98. The petitioner, therefore, gave a representation to the Deputy Secretary (SAP) Division of the University Grants Commission for extension of his services and the case of the petitioner was duly recommended by the Co -ordinator -Special Assistance Programme. It is further stated that in spite of expiry of the tenure of services, the petitioner was directed to work on the said programme since the programme could not even be closed for a day. It is further stated that the respondents recommended the name of one Sri Hari Ranjan Singh for transferring his services to Indian School of Mines for his absorption with effect from 24.3.98 and finally vide office order dated 14.5.98 his services have been absorbed but no decision for absorption of the services of the petitioner has been taken by the respondents.

(3.) In the counter -affidavit filed by respondent Nos. 1 to 4, it is, inter alia, stated that the status of the petitioner is like that of a post graduate student to have higher degree and, accordingly, the petitioner cannot by any means claim himself for being regularized or absorbed in the employment of the respondent -school more so, when the appointment was not made by respondent No. 1, the Indian School of Mines. It is stated that the petitioner has deliberately tried to project himself as a project Assistant of the school which, in fact, is not correct rather, the petitioner is a project fellow only under the sponsorship of the programme of U.G.C. and. accordingly, the petitioner is not entitled for regularization/absorption in the respondent -school as prayed for by the petitioner.