-l

I[. AIIIL KTIUAR Off: IInd Floor, Erica Towers

Adeocate, Hig! Court of Kerala St. Vincent Road, Ernakulam-6820 18
Senim Central Govt. Standing Counsel (CAT) Phone: 0484 600510l
Frnail: st*ndingcounselcatekm@ernai1. com Mob: 9847Q 0510l

-sPtcrc/zot7 L7.08.20L7
,/ /2340
The Head (HR),
Centre for Development of Advanced Computing'
P.B No. 6520, VellaYambalam,
Vellayambalam,
ThiruvanathaPuram - 695 033.

Sir,

Sub: O.A No. 692 of 2017 filed by Shri Sujimon K.T and others the
Hon'ble CAT, Ernakulam Bench'

please 1nd attached copy of the Original Application filed today. it was not
considered and is posted to 2L.OB.2OL7 for hearing on admission and
interim relief if any. please provide instructions pertaining to the issue in
the OA.

Thanking you,
Yours fa fully,

Adv. LKU
Senior Panel Central
(

@ Road, Palarivattom P.O, Cochin - 682 Q25

 Ap$icant

Union of lndia & Others Respondents

INDEX
sr. Particulars
No.l
J

COMPILATION NO 1
__P',:''
-I;'::'-
4
I . I bynopsrs
A

z;
I
'i-i3
] orisin;tAppiicaiion

COMPILATION_NO 2

Rnnexure A1-Tiue copy of the Aye [aws of 2"d responOeni f 3[g-s0

A
Annexure A2-True copy of Office Memorandum OaibO zt-4o
-';' 24.03.1e76 issueo Qyle 1l_!qsgolq_q[ _, "'44
j Annexure A3-True copy of Office Memorandum dated
11-g,1?,?916 _ _ --42-:4s
^' I Annexure A4-True copy of order in O.A No. 182 of 2017 dated
o.
| 15.03.2017 -so-s+
i
i Annu*rru Rs-n* Copv ot oiGis in o.A No. 2T4-oirolz oateo

55-57
-sa
59-61

o2-as
-- --66__
rz. I nnneiuie xo - tru"Topy ot promotion oiaeia;lea lZ.ozznlf
o7- og

7n

-75

74

l, I nformati.on T_echlglogy

toun""ffi;ppricants

Date of Filing-
I
Or
 I N I ST RATIVE

THE HONO U RABIE -c ENT RAL 4Dll

BtroRE enrunKuLAM BENcH
rRi;ijNAu'
O-A- No- of 2O1?

Applicant
Sujimon .K.T & Others

Vs.

Union of India & Others Respondents

S\\S}\\S
The applicants are working in various posts uncler the 4th respondent on temporary
basis. Their appointments are made on various dates from the years 2001
onwards. They are continuing in service without any break from their initial
appointments. The Government of India, have issued Annexure A2 o.M
prescribing the guidelines for conversion of temporary posts into permanent
ones
in Ministries/Departments of the Government of India. These guidelines have
been
made applicable to Government of lndia undertakings also. Keeping in view the
conceptual changes in the field of creation of posts occurred over the period from
the year 1976, the Government have decided to review existing temporary posts
upto the Deputy Secretary Level in Ministries/ Departments and allow their
conversion into permanent ones as a onetime measure. Employees who have
been continuing in temporary posts for more than three years are eligible to be
cnsidered for regularization as per the said O.M. All the applicants have completed
more than three years as on the date of issuance of Annexure A3 O.M. Therefore,
their claims are liable to be considered by thri 1't respondent. All of them have
also
submitted requests for the same to the 4th respondent. But, when their names
were not fonrrarded to the 1ttrespondent by the 4th respondent, the applicants
approached this Hon'ble Tribunal seeking a direction for the same, wherein
the 4th
respondent gave an undertaking that their names will be duly forwarded
within
time. But, now the applicants understand that the undertaking given by the
4rh
respondent was only for a name sake and relevant materials have
been withheld
from the 1't respondent. In the meantime, hasty steps are being taken by
the 4th
respondent to fill all regulqr posts by illegal methods even without getting prior
sanction from the 1't respondent, when the craim of the appricants
for
regularization are pending. Therefore, the illegal action taken by.the
4ih respondent
to fill up various posts, including giving promotions to illegally regularized
employees, is liable to be interfered with. Hence the above o.A is
filed.

Dated this the 11tn day of August, ZA17.

Counsel for the Applicants

 EFre THE HONOURABLE CENTRAL ADMINISTRATIVE
TRIBUNAL. ERNAKULAM BENCH

O.A. No. of 2017

Applicants:

1. Sujimon K.T, aged 33, S/o Thankappan K.X. Project Engineer,

Emp. No. ClG, CDAC, Vellayambalam, Trivandrum - 695 033'
residing at Kottappally, Arthunkal PO, Cherthala. Alappuzha - 688 530.

2. Lijo Raj, aged 32, S/o Rajan Koshy, Project Engineer, Emp No. 158714,
BCG, CDAC, Vellayambalam, Trivandrum - 695 033 residing at Mattathil
Raj Bhavan, E.V.Nagar 1, Karuvatta, Adoor P.O 691523

3. Arun Krishnan K., aged 31, S/o Unnikrishnan K, Project Engineer, Emp.
No. 15834, ClG, CDAC, Vellayambalam,Trivandrum 695 033,residing at
Kossappallylllam, Nariyanani PO, Ponkunnam, Kottayam 686 506

4. Aji R, aged 36, S/o Ramachandran Nair K., Project Technician, BCG, C-
DAC, Vellayambalam, Thiruvananthapuram 695033 residing at Abhiramam,
Chandanakatty, Karumanoor, Parassala, Thiruvananthapuram - 695502

5. Samuel J.P, aged 30, S/o John M.J, Project Technician, CDAC,
Vellayambalam, Thiruvananthapuram 695 033 residing at Njaravila
Puthen Veedu, Manjaramoola, Russelpuram P O, Trivandrum - 695 501

6. Pradosh S., aged 42 , Slo N Sankara Narayana Pillai, Project Engineer,

Emp No. 190400, ClG, CDAC, Vellayambalam,Thiruvananthapuram-695
033 residing at TC45l730, Sree, Melevilakom [-ane, ParayilKadavu,
Thamalam, Poojappura PO, Thiruvananthapuram-695012

7. Vineesh V. aged 28, Slo Vikraman K.,TC2611673, PRA T-18,Unni's Lane,

Pulimoodu, General Post Office, Thiruvananthapuram-O95 001 residing at
PuthenvilaVeedu, Mundayil, Varkala, Thiruvananthapuram-695 141.

B. Ramachandra Shenoi, aged 29, S/o R. Chandrakantha Rao, Project

Engineer, Emp No. 158485, ClG, CDAC, Vellayambalam,
Thiruvananthapuram -695 033 residing at 9/593-4, Abhilash, CCNB road,
Old Thirumala, AllePPeY-68801 1

9. Anand T.M, aged 31, S/o M. Manoharan Pillai, Project Engineer, Emp
No:158893, ClG, CDAC, Vellayambalam, Thiruvananthapuram - 695 033
residing at KriShnakripa, D-57, Perur Nagar, Sreekrishna Lane,
Ambalamukku Kowdiar, Thiruvananthapuram - 695 003.

10.Suresh Kumar S.R, aged 37, S/o K. Sukumaran, Pioject Engineer, Emp
No:155217, ClG, CDAC, Vellayambalam, Thiruvananthapuram -695 033
residing at Sunil Cottage, Marappalam, Kazhivoor P.O,Thiruvananthapuram
- 695 526

11.Manoj S., aged 37, S/o M. Sasikumaran Nair, Project Engineer, Emp
No:190648, Power Electronics Group,C DAC, Vellaymabalam,
Thiruvananthapuram 695 033, residing at Aswathy, Parvathypuram
Gramam, Attingal.P.O,-Thiruvananthapuram - 695 1 01'

12. Arjun P.K. aged 28. S/o Kelukkutty Project Engineer. Emp.Code'.341013
pEG CDAC. Vellavambalam. Thiruvananthacu.arn - 695 033 residing at
r.niana:n. Ku:'tivu'ainii. oaian'ou Sarusse--; =l u::l''kcCe - 613 542
 J.J. aged 33. Sio. Janardhanan s' Project
Engineer' Emp'code:
t3 Antu - 695 033
1g1gl1. CtG. CDAC. Veltayambalam. Thiruvinanthapuram 695
residi€ at Athira. utharamcoJ". xutti"nal P O, Thiruvananthapuram-
574-
1712o2'
14.Nikils.aged36,s/oSasidharanR.ProjectEngineer,Emp'code
Thiruvananthapuram
control and Instrumentation, cDAC, vetlayamnalam, O Kollam -
_ 695 033 residing at vaisna[rr, Meenathcherry, Kavanad P
691 003.

15.ManeeshC.,aged32,S/oChe|lapPan[lProjectTechnician,Emp.Code:
- 695 033'
14g368, Mss, CDAC, Veilayambaram, Thiruvananthapuram
P'O' Neyyattinkara'
residing at Mahesh Mandiram, Ayayil, Aruvippuram
ThiruvananthaPuram - 695 126'
Respondents:

1. Union of India represented by its Secretary to Government' Department

block, New Delhi - 110 001
of Expenditure, ruiniutry of Finance, North
(C-DAC)
2. centre for Development of Advanced computing
Ganeshkhind Road'
Corporate Otfice, Funu Uniu"ttity Campus'
General
Pune -411 0O7, represented by its Director

3. The Head - CorPorate HRD'

Centre for Development of Advanced Computing . n:^r-:^r ,^r.,^1r'
Corporateoffice,'Agricu|ture-Col|egeCampus,NearDistrictIndustries
Centre, Shivaji Nagar, Pune 411 005'

4. The Executive Director,

CentreforDeve|opmentofAdvancedComputing
033'
Vellayambalam, Thiruvananthapuram - 695

5.SajimonP.C,EmpCodeNo116055,SeniorEngineer,Cyberand
SecurityGroup,CDAC,Ve|layamba|am,Thiruvananthapuram-695
033.

6.JamesVerghese,EmpCodeNo.l3S22o,SeniorEngineer,Strategic
Thiruvananthapuram - 695
Electronics cr-ou-p, ionc, Vellayambalam,
033.

T.SeenaS.Rajan,EmpCodeNo'l163T2,SeniorTechnicalAssistant'
-crf
power rrectronic" rp, c DAC, Vellayambalam, Thi ruvananthapu ram
- 695 033.
support staff-lv'
g. Maheshkumar s, Emp code No. 116361, Member - 695
Plant & Service, CDAC, Ve||ayamba|am, Thiruvananthapuram
033
e oF
oRtcrNAL APPLlcAIrgiL ELSqJ"f !!pFqs:Efrlg.ry J
THE ADM

A. Address for serwce of the applicants is that of their counsel

s, A'vEEs H & AMRUTHA iANJEEy, Advocates, Skyline
P.NANDAKIJMAR,
-
Ebony Woods. Shine Road' Vyttila' Kochi 682
019'

B.Addressforserlicecfkerespondenfsjsasshovnabove"
 1't respondent to expeditiously
ffioo,,cants are seeking a direclion to the
completetheprocessforregularizingtheirtemporarypostsintopermanentonesin
termsofAnnexure43o.M.No.A-11017|11|2011/EGdated19.12.2016

that the subject matter of the application is within the

The applicants declare
jurisdiction of the Administrative Tribunal'

3. LIMITATION
Theapplicantsfurtherdeclarethattheapp|icationiswithinthelimitationperiod
prescribedunderSection2lo|theAdministrativeTribuna|sAct,1985.

4. FACTS OF THE CASE

1)Theapp|icantsarepresent|yworkingontemporarybasisinvariousposts
contract basis
were originally appointed on
under the 4tn respondent. They
foraperiodofoneyearandextendedfromtimetotimeaftertheexpiryof
thecontractperiod'Thedetai|softheapplicants|iketheirdesignationand
below'
the joining dates are as given

Current Designation Original Designation

& Date of joini
..lunior Research
Sujimon K T Project Engineer
Fellow
0710512007
Cohtract Project
Project Engineer,
Engineer
201o512009

Project Engineer,
Propct engineer I

Rrnn Xrisfrnan K o810712010

Contract Project
Proiect Technician
Technical Assistant
191O212007

Project Technician
nesearcn Assistant
Samuel J P 15/05/2009
Project Engineer,
eontract Project
Engineer
1611112005
-Project Engineer. Project Engineer-1
Vineesh V 281o912011
1- f ffiaShenoi Project Engineer. Project Engineer I

12tO7t2010

i i 11to2t2011
10. Suresh Kumar S R Project Engineer, Junior Research
Fellow
13-06-2005

Project Engineer, Junior Research

11. Manoj S Fellow
08t0112007
Project Engineer Project Engineer I

12. Arjun P K ozt04t2012

13. Ambu J J Project Engineer, Junior Research
Fellow
07to5t2a07
14. Nikit s Project Engineer Contract Project
Engineer
15t09t2004
15. Maneesh C. Project Technician Senior Project
Operator
25.A8.2010

2) The applicants were originally appointed on various dates from the year
20A1 onwards and all of them have completed more than three years
service. Their appointments are in terms of the Bye Laws of the 2no
respondent framed under Rule 16 of the Rules and Regulations for
Administration and Management of'the Society. Clause 18.1.8 of the Bye
Laws, deals with appointment on Project Based Contract. There are two
types of appointment on Project Based Contract. Sub Clause (a) of Clause
18.1.8 says that the Competent Authority shall be competent to engage a
person on contract in pay scale other than regular posts upto the scale of
posts which do not require approval/clearance of ACC. Sub Clause(b) to
the Clause 1B.1.8.states that the Competent Authority shall be competent
to engage a person on contract for projects for the duration of such
projects, which have been approved by Departme.nt of Electronics &
Information Technology or any other sponsoring organization. Persons
appointed on such contract basis will be paid consolidated emoluments.
The emoluments and terms of appointment shall be settled in advance
between the society and the incumbent. lt is also stated in Clause 18.1.8
that all other things being equal, preference may be given to these
employees at the time of filling up of regular posts subject to merit and
meeting the provisions of Recruitment Rules of C-DAC. A true copy of the
said Bye Laws is produced herewith and marked as Annexure A1.
Therefore. going by Clause 18.1.8 of the Bye Laws. there are two types of
 crra;E e!-crs'.ees. in the matter cf filling up of regular posis both these
set cf errt*q€es are given equal preference.

3) It is submitted that. though the initial appointment of the applicants were for
a period of one year, considering the fact that their services are
continuously required for the project work, their contract periods were
extended from time to time. Employees who were appointed even in the
year 2001 are still continuing as their services are absolutely necessary for
the project work. Therefore, the nature of the work done by the applicants
has to be considered as of regular and permanent nature. The 1tt
respondent has by an office Memorandum dated 24.03.1976 issued the
guidelines for conversion of temporary posts into permanent ones in
Ministries/Departments of the Government of India. A true copy of the said
o.M dated 24.03.1976 is produced herewith and marked as Annexure A2.
As per the said O.M., temporary posts which are in existence for a
continuous periodof not less than three years can be converted as
permanent ones. This o.M has also been made applicable to other
Government of India undertakings including the 2nd respondent herein.

4) while so, the 1't respondent issued another office Memorandum dated
19.12.2016 referring Annexure Az o.M deciding to review existing
temporary posts upto the Deputy Secretary level in Ministries/Departments
and allow their conversion into permanent ones as a onetime measure
subject to the condition that these posts have functional justification and
are in existence for more than three years. A true copy of the said o.M
dated 19.12.2016 is produced herewith and marked as Annexure A3. The
1't respondent had also directed in the said O.M to complete the exercise
in a time frame of three months i.e before 19.03.2017 and to intimate a
compliance report to the Department of Expenditure along with details of
posts and copy olorders.

5) Therefore, the 2nd respondent and its subordinate officers were duty bound
to intimate the 1't respondent the details of incumbents who were holding
the temporary posts for more than three years along with the functional
justification. As stated earlier, since the temporary posts held by the
applicants were required to be continued for more than three years, the 4th
respondent under whom the applicants are working was duty bound to
intimate the 1't respondent the details of those incumbents working in the
temporary posts for more than three years. With regard to the report on
functional justificaticn of the coniinuance ef the ternoorary posts. there
 ErrE ts r-r lS€-te since all the apoiicants are r,/c!-king contlnuously fot'
@ tlr l"-- 1€?G.

tr, 5d srce :^e 2''= respondent did not forward the names of the applicants to
the 1= respondent for considering their case for regularization. the
applicants 1 to 14 along with others filed O.A No. 182 of 2017 and the 15r'
applicant along with others filed O.A No. 214 of 2017 befroe this Hon'ble
Tribunal seeking a direction to the 2nd respondent to intimate the names of
the applicants to the 1't respondent for converting the temporary posts they
are holding into permanent ones in pursuance to Annexure A3 O.M. along
with a report on functional justification of the temporary posts held by the
applicants. When the above Original Applications came up for
consideration before this Hon'ble Tribunal, the learned counsel for the
respondents placed before the Tribunal a copy of the communication dated
15.03.2017 in which it is stated that the details of temporary posts viz.
Project/Grade Based Contract Employees on Scale of Pay and Contract
Employees on consolidated pay of the like of applicants, existing for more
than three years in CDAC is prepared by Corporate Office and is being
forwarded to Additional Secretary & Financial Advisor (AS&FA) of Ministry
of Electronics and Information Technology (MeitY) for further necessary
action as specified in the O.M dated 19.12.2016. This Hon'ble Tribunal
therefore disposed the above Original Applications recording the contents
of the communication dated 15.03.2017 and directing to fonrrard the
proposal as stated in the communication so as to reach the in the Office of
the Finanacial Advisor before 19.03.2017, the cut off date mentioned in tne
O.M. True copies of the orders in O.A No. 182 of 2017 and 214 of 2O17
dated 15.03.2017 are produced herewith and marked as Annexure A4
and A5 respectively.

7) It is submitted that since no action was seen forthcoming pursuant to the

undertaking given by the 2nd respondent, the applicants submitted an
application under the RTI Act seeking information regarding the details of
of names that is forwarded to the
temporary posts including the list
Additional Secretary & Financial Adviser (AS & FA) of Ministry of
Electronics and Information Technology (MeitY) by the 3'd respondent
pursuant to Annexure 43 G.o. However, the said application was rejected
stating that the CDAC has sent the required information/proposal to AS &
FA and the matter being currently under consideration, the informations
sought for cannot be shared. A true copy of the said reply under RTI
application dated 09 06 2017 is produced herewith and marked as
Annexure 46 ::-:-:^: ::e atci:ar:s ioct uc ihe raiter beicrg :-e
 clc 3;-,rr-r, Jnoer:he D: ::: ::-€ sa'-re J.as a:a.n ie:€: : s
3-mfiec :a ^ Spiie of repeaiec aciiicatrons. ref,uesis fcr rnforniat;cn
'e9B'3?-rg re unoertaking given before this Fion ble Tribunal ivas reiected
by tfe vanous officers under the 2-' respondent.

8) Holvever, the Ministry of Electronics and Information Technology (Meity)

issued yet another communication dated 02.0s.2017 returning the 2".
respondent's proposal for converting 1035 remporary posts into permanent
ones as the necessary information regarding the name and scale of pay of
the posts, date of creation of the post, duration of the post, functionai
justification for conversion of the post -into permanent etc. were not
included in the said proposal. A true copy of the said communication daterJ
02.05.2017 is produced herewith and marked as Annexure AZ. lt seems
the 2no respondent
had not acted upon the undertaking given before this
Hon'ble Tribunal and had merely fonrrarded a figure of '1035'to the of
Ministry of Electronics and Information Technology (Meity) in purported
compliance of the undertaking given before this Hon'ble Tribunal, fullv
knowing that the incomplete proposar would inevitablv be reiected.

e) It is submitted that the competent authority for creation, regularization and

continuation of any post in Central Ministries/Departments and
Autonomous Bodies rest with the 1't respondent. However, it is understood
that the Governing council of CDAC, had over the years had irregularly
appointed several unqualified persons as "Regular" employees without
even having sanctioned posts. These employees are countinuing as such
against non sanctioned posts and have been drawing all the benefits of
available for regular sanctioned posts, although, the terms of appointment
of persons to the posts of scientist c, scientist D and Memmber support
staff clearly mention that the persons are appointed on contract basis.
True copies of the notification showing the terrns of appointment of
scientist c & D'and Member support Staff are produced herewith and
marked as Annexure AB and A9 respectively.

10) Meanwhile, hasty steps were being undertaken to promote these

employees to higher posts by the 4th respondent. lt is submitted that these
promotions were made after sham interviews were conducted by the 4th
respondent for effecting promotions from the post of Scientst B (Engineer)
to scientist c
(senior Engineer) on z4tn January zo17. from Scientist c
(senior Engineer) to scientist D (principal Engineer) on 2.l.tto 23'd March
2017 and from Scieniisi D (Principal Engineerl t0 Scientist E Isenior
Principal Eng!neei- cn i;''^ Febri-uan; 2O1T True Copies cf rho said
f
 '3 a': 14 :-? 2'''- 3'e
:rjtn5€r :r;;'-: 3a:ej ''1 CZ 21''- '12?'- and A12
llrn-cec 1a'-3*'ii anC markeo as Annexure A10' A11
the
. due to iarge number of complaints against
= ea.€{r' -lb€V9f
a committee comprising of the
ntefyprv process and the selections made.
ExecutiveDirectorsofCDACMumbai.ThiruvananthapuramandPune
Centreswereconstitutedtoexaminethematterinaho|isticmannerand
submitthereporttotheDirectorGenera|,CDAC.TheCommitteeafera
and after consultation with different
thorough examination of the matter
stakeho|dershassubmittedareportrecommendingreviewingthe
promotionsandhassuggestedcorrectivemeasures.Pursuanttothe
issued an office Memorandum
above report the 2nd respondent has now
Heads to review the promotions
directing the Executive Directorsicentre
mentioned in the report and
already made as per the corrective measures
A true copy of the said
to complete the entire exercise before 30'08'2017'
produced herewith and marked
office Memorandum dated 31.07.2017 is
as Annexure-4'19'

11)Meanwhi|e,thel,trespondenthasissuedyetanotherofficeof
posts approved as part
Memorandum clarifying that 371 regular
of GDAC and 25O posts approved on continuing
sanctiond strength
posts created by the 1tt
contract Basis were not against regular
to seek the approval of the
respondent and has advised the 2nd respondent
1ut respondent for regularizing the
371 regular posts and 250 contract
2nd respondent to ensure
posts. A direction has also bebn issued to the
that the till such time the approval is obtained' the 7tn Central Pay
commissiion benefits may not be extended
to these categories' A true
copyofthesaidofficeMemorandumisproducedherewithandmarkedas
Annexure A14.

of Annexure A14 OM' the 2nd

12) lt is submitted that, in spite of the issuance
respondenti.stakingurgentmeasurestopromotethepersonsworking
againstnonsanctionedpostspursuanttoAnnexureAl3oM.|tis
deliberately delaying the
submitted that respondents 2 to 4 have been
proposa|forregu|arizationofthepostsoccupiedbytheapp|icantinspiteof
theundertakinggivenbeforethisHon'b|eTribuna|inorderto
accommodatepersonsappointedthroughirregu|armethods.These
which the applicants are
persons are sought to be promoted to posts to
seekingregu|arisation.PromotionspursuanttoAnnexureAl3oMare
calculated to cover up the
prejudicial to the interests of the applicants and
against irregular posts without
lapse occurred in having appointed persons
ineaoprorva!ofthel=.i-espondent.ItissubmittedthatdetaiIedinstructions
.f: { L-r'
 r fis =J3': -3'€ been :SSUeo 3S ea'r-i aS I Fg3,'g6r.r'2an vrie Ol.l
24 22 -ZZj-6. The apolicants are being made scapegcats rn order to
aarr-,:€3:3 '3ertain interested groups lvithin the organization.
Respordents 5 to 8 are few of the persons irregulary appointed and have
been impleaded in a representative capacity. Steps are being taken by the
applicants to take out notice to all affected parties by paper publication.

Applicants in the circumstances are left with no other effective alternative

remedy than to approach this Hon'ble Tribunal on the following mainly
among other;

5. GROUITDS FOR RELTEF W|TH LEgAUpROytStONS

A. The applicants are working in various posts under the 4th respondent on
temporary basis. Their appointments are made on various dates from the
years 2001 onwards. They are continuing in service without any break
from their initial appointments. The Government of India, have issued
Annexure 42 O.M prescribing the guidelines for conversion of temporary
posts into permanent ones in Ministries/Departments of the Government cf
India. These guidelines have been made applicable to Government of
India undertakings also. Keeping in view the conceptual changes in the
field of creation of posts occurred over the period from the year 1976, the
Government have decided to review existing temporary posts upto the
Deputy Secretary Level in
Ministries/ Departments and allow their
conversion into permanent ones as a onetime measure. Employees who
have been continuing in temporary posts for more than three years are
eligible to be cnsidered for regularization as per the said O.M. All the
applicants have completed more than three years as on the date of
issuance of Annexure43 O.M. Therefore, their claims are liable to be
considered by the 1't respondent. All of them have also submitted
requests for the same to the 4'n respondent. But, when their names were
not forwarded to the 1't respondent by the 4th respondent, the applicants
approached this Hon'ble Tribunal seeking a direction for the same.
wherein the 4th respondent gave an undertaking that their names will be
duly forurarded within time. But, now the applicants understand that the
undertaking given by the 4th respondent was only for a name sake and
relevant materials have been withheld from the 1ttrespondent. In the
meantime. hasty steps are being taken by the 4'- respondent to fill all
regular posts 5'y il!ecal methods even vrithout getting pi-icr sanction fronr
the 1t:respcnde:: '.'.'her. ine clain: cf tre aDolican.q fcr i-egularizaiior are
pending -he-e':-g :-: eiai a:i:r:a.aa b,'iie 4 .esc,:rfe.: t3 ci' ,Jc
 'a:- a'7'j
-:;l'r3 g'-i
r?-{:r-s ::s::
r-c,r:,-: s :: e io be ;nierre''=l

their respecttve
applicants have been conttnr-ring in
: s s-3:-- ie3 inat the

ccsisformorethanthreeyearS.Theyhavebeenpermittedtocontinuetn
theirpostssincetheirservicesWerefoundtobenecessarytomanthese
posts.Bythecontinuationoftheapplicantsinthesetemporaryposts.the
characterofthesepostshasbecomepermanentinnature.Therefore.
thereisfunctionaljusilficationforthecontinuanceofthesepostsasthese
postsareinextstenceformorethanthreeyears.Therefore,thereisno
justificationinnotforwardingthefullparticutarsoftheapplicantsalsoto
o.M" The 4th respondent
has
A3
1rr respondent pursuant to Annexure
the
usedthepicKandchoosesmethodtosendthenamesofthoseemployees
forregularizationtothel,trespondent.Thesaidactionofthe4|h
violative of Article
14 of the
discriminatory and
respondent is clearly
Constitution of lndia'

C.ltissubmittedthatasperClauselB.l.BoftheByeLaws,allotherthtngs
beingequal'preferencehavetobegiventothoseemployeesappointe:
invokingthesaidclauseatthetimeoffillingupofregularpostssubjecti:
meritandmeeiingtheprovisionsofRecruitmentRulesofC-DAC'Allir:e
applicantsareappointedintermsofSubClause(b)ofClause18.1.8ct
theByeLaws'Therefore'theyhaveapreferencetogetregularizedlvnen.
stepsaretaKenbyiheGovernmenttoregularizetheservicesofthose
temporaryemployeeswhohavecompletedthreeyearsservice.Therefore' particulars of
to be directed to forward the full
the 4,n respondent is
liabre

theapplicantsalsotothel,trespondentalongwiththereportoffunctional
of the posts'
for the continuance
.iustification

D'ltisfurthersubmittedthatthe4threspondenicannotwithholdthenames:.
theapplicantsforbeingconsideredforregularizationonhiswhimsa-:
fancies.Thedecisiontoregularizetheservicesoftheapplicantshasicc:
takenbytheGovernmentfinally.Thereisnodiscretionconferredoni.s
4threspondenttoclassifytheeligibleemployeesaSpertheo'|vlissuecb'
theGovernment.Therefore.withoutforwardingtheful|particularsofihe
applicantstothel,'respcndent'the4:hrespondentisnotjustifiedinfliiittg
uptheentirepcsis.rvithiitegallyregularizedemployees'penC.:'.:
-e!u 3r':za'rlcr cf ihe aDcilcanis
^gngilgration o: ''-:

6 DETAIL
D-t-ytemedy

GCNT-
Tlc aplcants further declare that the applicants have not filed any application,
writ petition or suit, regarding the matter in respect of which the application is
made, before any Court or any other authority or any other Bench of this Tribunal,
nor any such application or suit is pending before any of them, except O.A No. 182
of 2O17 and 214 of 2017,
8. RELTEF($) SOUGHT
l) To direct the 4th respondent to forward the full particulars of the
applicants to the 1't respondent for converting the temporary posts they
are holding into permanent ones in pursuance to Annexure A3 O.M.
along with a report on functional justification of the temporary posts held
by the applicants.
To direct the 1ttrespondent to consider the claim of the applicants for
regularization in service in appropriate posts at C - DAC, in accordance
with their qualifications and experience.
To direct the 4th respondent not to fill up the existing vacant posts of
Scientist C, D, E and Member Supporl Staff lV and Senior Technical
Assistant with those temporary employees not approved by the 1tt

respondent, including respondents 5 to B.

lv) To issue such other orders or. directions as this Hon'ble Tribunal may
deem fit and proper in the circumstances of the case.

9. tNrERrM ORDER. lF ANY PRAYED FOR

Pending final decision on the application, the applicants seek the following interim

"To stay all further proceedings to fill up the up the existing vacant posts of
Scientist C, D and E with those temporary employees not approved by the 1't
respondent, including respondents 5 to 8."

10. NOT APPLICABLE

ll.PARTCULARS OF POSTAL ORDER IN RESPEqW

1. No. of the Indian postal order

2. Date of issue of the postal order
3. Name of issuing post office
4. Post office at which payable
12. LIST OF ENCLOSURES

1 Comnilation l& Il