- (1.) Appellant is an autonomous body. It is a society registered under the Societies Registration Act, 1860. Government of India, Ministry of Human Resource Development, however, exercises control over it. The recruitment of teachers and other staff is governed by rules known as Appointment, Promotion, Security etc. Rules, 1971. Rules were framed by the Board of Governors of the Appellant, the relevant provisions whereof are as under:- "4. Authorised permanent strength and temporary strength of the Service :- (i) The authorised permanent and temporary strength of the various grades of the service on the appointed day shall be as specified in Schedule I. (ii) After the appointed day, the authorised permanent and temporary strength of the various grades of the service shall be such as may, from time to time, be determined by or under the authority of the Board. Provided that the competent authority may make temporary additions to any grade of the service as found necessary in the interest of the work of the Sangathan. 6. Recruitment (i) The method of filling up of the posts in the various grades of the Service, age limit and other qualifications relating thereto shall be as specified in Schedule I (In case of posts not covered in Schedule I, procedure, qualifications and similar matters shall be determined by the Commissioner). Provided that the upper age limit prescribed for direct recruitment may be relaxed in the case of candidates belonging to the Scheduled Castes/Scheduled Tribes and other specified categories of persons in accordance with the orders issued in this behalf from time to time by the Central Government. (ii) Appointments by direct recruitment or by promotion of departmental candidates shall be made, except when there are special reasons to be recorded in writing with the approval also of the Chairman, in the order in which the names of eligible candidates are included in the Select Panel of the appropriate grade prepared according to the procedure laid down in Rule 7. 7. Preparation of Select Panels (1) In the case of posts being filled up by direct recruitment the appropriate selection authority shall, after test or interview or both, as the case may be, place the candidates considered suitable for appointment to the particular grade/post in a select panel in the order of their merit. (2) in the case of posts being filled up by promotion on the principle of seniority subject to the rejection of the unfit, the Departmental Promotion Committee or other selecting authorities will first decide the field of choice i.e. the number of eligible employees who are to be considered for inclusion in the Select Panel. From among such employees those who are considered unfit for promotion are to be excluded. The "Select Panel" will then be prepared by placing the names of the remaining employees without disturbing the seniority interest. (3) In the case of promotion on the basis of the seniority-cum-merit or on the principle of merit with due regard to seniority the field of choice will first be decided and the employees considered unfit excluded in the same way as in the sub-rule (2) above. The remaining employees are then to be classified as "outstanding" "very good" and "good" on the basis of merit, as determined by their respective records of service and also test or interview if considered necessary. The "Select Panel" will thereafter be prepared by placing the names in the order of those categories, without disturbing the seniority interest within each category. (4) Where the posts are to be filled up partly by direct recruitment and partly by promotion, the select panel will be prepared as follows:- The appropriate selecting authority will first prepare two separate select panels for the two categories in accordance with the procedure laid down above. The required panel will then be drawn up by combining these two separate panels according to the quota of posts reserved for each category. That is to say, the names of direct recruits will appear first, followed by the promotees, in proportion to the respective quota reserved for them. 9. Ad-hoc Appointment (1) Notwithstanding anything contained in rule 6 & 7 when an employee included in the select panel is not available or where such a select panel has not yet been prepared and the appointing authority considers it necessary and expedient to do so, a vacancy in any grade of the service may be filled on ad-hoc and temporary basis by the appointment of a person or persons otherwise eligible for appointment thereto : (i) for a period not exceeding six months ; or (ii) for the period for which a select panel in respect of the particular post/grade is not prepared as per rule 7, whichever is less. (2) Every appointment under sub-rule (1) shall be made only as a temporary arrangement and no such appointment shall be deemed to confer on the appointee any right or claim to the respective grade/post or to seniority in that grade."
(2.) Teachers in terms of the said rules are appointed on All India basis. To cater the need of the students and the schools run by appellant throughout the country which are about 854 in number, the services of the regular teachers are liable to transfer all over India. Advertisements were issued by the appellant in some local newspapers inter alia for its Hyderabad Institution for primary teachers on leave vacancies. Pursuant thereto or in furtherance thereof the names of the respondents were registered with the local employment exchanges and not in the Central Employment Exchange. They had been admitted intermittently. One of the terms of the offer of appointment issued in their favour was that the same would not confer any right upon them to claim regular appointment. It was furthermore categorically stipulated that they were appointed as stop-gap arrangement for a particular period in the academic year. They were selected, however, not by a regular selection committee. Praying for the regularisation, they filed writ petitions before the Andhra Pradesh High Court. Interim orders were passed in terms whereof they continued in service. Appellant Society having been notified in terms of sub-Section (2) of Section 14 of the Administrative Tribunals Act, 1985 in terms of a notification dated 1.1.1999; all the writ petitions were transferred to the Central Administrative Tribunal.
(3.) The Tribunal dismissed the said transfer applications. Noticing that there had been no regular vacancies, it was held:- "13. Admittedly, all the applicants were appointed on adhoc basis for short spells by the Assistant Commissioner, clearly stipulating that such appointment would not confer upon them any right to the post, considering candidates sponsored by the local employment exchange. It is also brought out that the various orders passed by the High Court by which applicants were paid same salary as is paid to the regular employees and were also directed to continue. In view of those orders, the applicants were sought to be continued. It is however not in dispute that the applicants were not regularly appointed by the Selection Committee after considering candidates sponsored by the Central Employment Exchange as per the appointment procedure contained in the rules." ;