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Madras High CourtWP/16447/2015disposed of

S.Girivasan v. Union Of India, Rep. By The

2025-11-24Honourable Dr Justice G. Jayachandran6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.11.2025

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN S.Girivasan .. Petitioner vs 1.Union of India rep. by the Director General, Institute of Applied Manpower Research, 53, Lothi Estate, New Delhi 110 003.

2.The Director and Head, Nodal Centre, National Technical Manpower Information System, Board of Apprenticeship Training (SR), 4th Cross Road, CIT Campus, Taramani, Chennai-113.

.. Respondents Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of certiorarified mandamus to call for the records of the second respondent in connection with the order passed by him in F.No. BAT/SR/E&C/21/2014 dated 22.07.2014 and in F.No.BAT/SR/E&C/NTMIS/2014 dated 02.12.2014 with copy of the Memorandum dated 02.12.2014 and quash the same and reinstate the petitioner in service in the same post of Computer Operator cum Programmer or alternative post with all monetary and service benefits.

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For Petitioner :

Ms.Brindha Parthasarathy for Ms.M.Srividhya For Respondents :

Mr.S.Diwakar, Senior Panel Counsel

ORDER

Writ petitioner, who joined as Computer Operator cum Programmer in National Technical Manpower Information System as regular staff and receiving pay and allowances as per pay scale fixed, was terminated from service without prior notice from April, 2011. The representation to release the salary and retain him in service was not heeded by the respondents and he was relieved by a memorandum dated 22.07.2014. By the letter of the Deputy Director (Admn.) dated 19.11.2014, the petitioner was advised to approach the Board of Apprenticeship Training for salary and not the first respondent, which is Union of India represented by Director General, Institute of Applied Manpower Research. He was relieved from service by the second respondent/Director and Head, Nodal Centre, National Technical Manpower Information System with effect from 30.06.2014 with an observation that arrears of salary will be paid later. Against this order, writ petition was filed seeking certiorarified mandamus to quash the orders dated 22.07.2014 and 02.12.20214 with copy of the memorandum dated 02.12.2014 and 2/6

to reinstate the petitioner in service in the same post of Computer Operator cum Programmer or any other alternate post with all monetary and service benefits.

2. On behalf of the respondents, counter affidavit was filed, wherein the selection of the petitioner for temporary appointment to the post of Computer Operator cum Programmer was admitted. According to the respondents, the Board of Apprenticeship Training is a nodal centre for erstwhile National Technical Manpower Information System, a project of Institute of Applied Manpower Research (IAMR), which is funded by All India Council for Technical Education (AICTE). Being a project for a particular purpose, persons appointed for the said project are to be relieved on completion of the project.

Neither AICTE nor Board of Apprenticeship Training can continue the service of the writ petitioner, who was specifically appointed on temporary basis for the project carried on by the National Technical Manpower Information System, a nodal centre for AICTE. On receipt of the communication from AICTE, the service of writ petitioner was terminated.

not arise. It is also stated in the counter that all monetary benefits including arrears of salary been paid to the writ petitioner and therefore, after closure of the NTMIS project, the service of the writ petitioner is no more required and the question of reinstatement does not arise.

3. Board of Apprenticeship Training has issued a memorandum dated 18.02.2010 indicating that the writ petitioner, who was appointed on temporary basis as Computer Operator cum Programmer for the project undertaken by the nodal centre, been given an option to choose the existing Pay Rules or CCS (Revised Pay) Rules, 2008. He having opted for CCS (Revised Pay) Rules, 2008, the same has been accepted and Board of Apprenticeship Training in the said memorandum has confirmed his option for refixation of his pay.

4. From the above communication, this Court also finds that Board of Apprenticeship Training is an autonomous body under the Ministry of Human Resource Development, Department of Higher Education, which has engaged the nodal centre for specific purpose to carry out its project. For fixation of pay, they have adopted CCS (Revised Pay) Rules, 2008. That does not mean that the writ petitioner has a right of service. In case of appointment for any 4/6

specific project, on completion of project, the appointment gets terminated, unless and until the employer has alternate project for which the employee is fully qualified and his service is required. In this case, the writ petitioner has not pointed out that the National Technical Manpower Information System continues its role as nodal centre for AICTE or Board of Apprenticeship Training. In fact, the counter indicates that the National Technical Manpower Information System itself been closed. Therefore, the only relief the writ petitioner can seek is pecuniary benefits, which has been promised to be paid. Learned counsel appearing for the respondents states that pecuniary benefits have already been disbursed to the writ petitioner. If in case, service benefits were not fully disbursed, writ petitioner can approach the respondents herein.

5. With the above observation, the writ petition stands disposed of. There shall be no order as to costs. 24.11.2025 Index:Yes/No mmi 5/6

DR.G.JAYACHANDRAN,. J.

mmi To 1.The Director General, Institute of Applied Manpower Research, 53, Lothi Estate, New Delhi 110 003.

2.The Director and Head, Nodal Centre, National Technical Manpower Information System, Board of Apprenticeship Training (SR), 4th Cross Road, CIT Campus, Taramani, Chennai-113.

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