Dr.Poonam Yedla And ORS. v. Ms. Vasudha Mishra (Upsc) And ORS.
IN THE HIGH COURT AT CALCUTTA
[ CIRCUIT BENCH AT PORT BLAIR ] *** WP.CT/35/2024 Dr. Poonam Yedla and others Vs.
M.S Vasudha Mishra (UPSC) and others Mr. Rajinder Singh ... for the petitioner Mr. Tulsi Lall Mr. Rakesh Kumar ... for the respondent November 06, 2024 [SR] Item no. 3 1.
The instant writ petition has been filed challenging an order passed by the Central Administrative Tribunal dated 1st July, in CPC/351/00084/22 arising out of OA 351/00051/2016.
2.
The said contempt application was filed for alleged noncompliance and violation of the order of the Tribunal dated 23.12.2021 in the aforesaid OA.
3.
The petitioners were seeking a direction upon the UPSC and the A&N Administration to regularize their service as Senior Veterinary Officer. They claim to have been working since 1995 on adhoc basis.
4.
The regular recruitment process was undertaken by the Administration in consultation with UPSC in the year 2016 in which the petitioners did not participate. It is argued that non participation was because of all the posts were reserved for the SC and ST.
5.
After exchange of affidavits, the OA was disposed of directing the UPSC to consider and dispose of the prayer of the petitioners for regularization of their service. 6.
For inaction on the part of the UPSC and the Administration in complying with the directions of the Tribunal, the contempt application was filed.
7.
In the contempt proceedings, the UPSC has in no uncertain terms stated that they have absolutely no objection to the Administration taking any steps for the regularization of the service of the petitioners.
8.
It was further submitted by the UPSC that they have no role to play in the matter as they were not involved in the process of the adhoc recruitment of the petitioners. 9.
Thereafter the ball fell in the court of the Administration thereafter. The Administration by order dated 17.01.2023 refused to regularize the adhoc appointment to the petitioners. 10.
By an order dated 17th January, 2023 the Administration held that there is no scope of regularization of any persons in a Group A posts. It is also held by the Administration that there was no scope of regularization of adhoc employees under the existing recruitment rules. The services of the petitioners were terminated by the Administration on 8th February, 2023. 11.
This Court is of the unequivocal view that the remedy of the petitioners is to challenge the order dated 17.01.2023 and the letter of termination dated 08.02.2023 in accordance with law before the CAT and/ or any other forum as they may be advised in law. The petitioners have a fresh cause of action at
hand.No reliefs can be granted to the petitioners in the instant writ application.
12.
The WPCT/35/2024 is disposed of without any order as to costs.
13.
Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance of all formalities. ( Rajasekhar Mantha, J. ) ( Partha Sarathi Sen, J. )