TA No. 416/2009. Case: Bir Singh Vs 1. Director, All India Institute of Medical Sciences, 2. Indian Council of Medical Research, Through Its Director General. Central Administrative Tribunal
| Case Number | TA No. 416/2009 |
| Counsel | R. Kapoor, Sanjeev Joshi, Mukul Gupta, Nidhi Bisaria |
| Judges | Shanker Raju (Judicial Member) & Dr. Veena Chhotray (Accountant Member) |
| Issue | Constitution of India, 1950 - Articles 14, 21 |
| Judgement Date | December 03, 2009 |
| Court | Central Administrative Tribunal |
Judgment:
Shanker Raju (Judicial Member), (Principal Bench, New Delhi)
-
Applicant seeks regularization on completion of probation/trial of three months as Driver and grant of regular pay scale with arrears.
-
Pursuant upon AIIMS notification for recruitment to the post of Driver (Light) in ICMR Scheme in Department of Obstetrics & Gynecology applicant applied for the post and was appointed on ad hoc basis under the Scheme/Project in the pay scale of Rs.260-350 with monthly pay of Rs.260 on consolidated basis for a period of three months on probation/trial basis with a stipulation that this would be temporary appointment and does not entitle him for any regular appointment unless he is selected on a regular basis and his appointment is approved by the competent authority. The Scheme/Project continued, which is stated by the AIIMS authorities as a temporary project. In pursuance of memorandum for regular appointment to the post of regular Driver Grade-II by AIIMS on 14.1.1995 applicant applied but was not selected.
-
Learned counsel of applicant states that in view of the fact that applicant had worked as a Driver for a period of about 21 years the Project is deemed to be a permanent one and the applicant s tenure of appointment shows on probation and against a definite post clearly established that he was appointed against a regular post and is liable to be regularized. It is stated that though the process of regularization was initiated by the respondents yet the applicant was not considered.
-
Learned counsel relies upon a decision of the Delhi High Court in Om Prakash v. Director, AIIMS, CWP No.6369/2000, decided on 30.5.2001 to buttress his plea. Learned counsel has also relied upon a decision of the Apex Court in V.L. Chandra v. AIIMS, (1990) 3 SCC 38. Learned counsel states that in view of paragraphs 29-31 and 51-55 of the Constitution Bench decision of the Apex Court in Secretary, State of Karnataka & others v. Umadevi (3) and others, (2006) 4 SCC 1, having been appointed after an interview and on a selection process an irregular appointee when continued for more than 10 years has a right to be considered for regularization as one time measure.
-
Learned counsel has invoked the doctrine of equal pay for equal work by stating that once he is performing the work of Driver satisfactorily, payment of consolidated salary is not in consonance with law.
-
On the other hand, learned counsel appearing for ICMR filed an affidavit and...
To continue reading
Request your trial