- (1.)BOTH these writ petitions have been heard together and both these matters are being disposed of by this order as common questions of significance are involved in both the matters. Dr. Proshanta Guha, the petitioner in C. O. 6177 (W) of 1991 is an Agricultural scientist. He joined the Indian Institute of Technology, Kharagpur (IIT, for short) on 11th. September, 1984 as Junior Scientist (Agronomy), under the temporary research project, on 'ail India Coordinated Project on Water management' sponsored by the ICAR (Indian Council of Agricultural research) on an initial basic pay of Rs. 700/- per month in the scale of pay of Rs. 700-1600 plus D. A. , H. R. A. , and other allowances, if any, as admissible to other temporary employees under the Institute rules in force from time to time subject to the concurrence of the sponsoring agency. Annexure-A to the writ petition is his appointment letter dated the 4th september, 1984 issued by the [registrar of the Institute for Board of governors. As would appear from the appointment letter the project on water management sponsored by the ICAR was attached to Agricultural engineering Department of the IIT. It was mentioned in the appointment letter that the appointment was on temporary basis under general terms and conditions to be regulated by the Institute of Technology Act, 1961 and the Statutes of the Institute as are in force from time to time and under the specific terms and conditions stated in the letter of appointment itself. It was mentioned in the letter of appointment that the post was purely temporary for a period upto 31. 3. 1985 or for the duration of the project which was earlier. It was inter alia stated therein that the services might be terminated without any cause being assigned by giving one month's notice on either side unless otherwise agreed to by the appointing authority and the employee and that the services might also be terminated by the institute without any cause being assigned on payment of one month's salary in lieu of notice. The petitioners' grievance is that by a letter dated 5. 10. 90 which is annexure-B to the writ petition the petitioners services were terminated by the Deputy Registrar (SRIC, that is. Sponsored research and Industrial Consultancy) with effect from 1st October, 1990. The petitioner's contention inter alia is that his services cannot be terminated retrospectively as has been done purportingly by the said letter of termination dated the 5th October, 1990. It is also his contention that the termination of his services was made not by his appointing authority, the Board of Governors (BOG) but by the Deputy Registrar who is subordinate to the Board of Governors and as such the termination of services is bad in law. It is also his contention that he has to be treated as a regular employee of the IIT and as such his services are not liable to be terminated with the termination of the project in which he was working at the relevant time. The petitioner therefore inter alia prays for quashing the impugned order of termination of his services dated 5. 10. 90 and also for a direction to absorb and confirm the petitioner against a permanent vacancy in the approved cadre as an employee of the Indian Institute of technology, Kharagpur.
(2.)DR. Monorath Pandey, the writ petitioner in C. O. 2248 (W) of 1992 is also an Agricultural Scientist. He was first appointed in the IIT. Kharagpur as a casual worker in the post of Junior Agronomist with effect from 2nd august. 1973 and thereafter on 1st November, 1973 he was appointed to the post of Operator on adhoc basis. On 1st April, 1974 he joined as a research scholar in IIT and continued till 3rd November, 1974 and on the 4th November. 1974 he was appointed as Junior Scientific Assistant in the scheme on Measurement. Evaluation and Improvement of Soil Structure sponsored by the Indian Council of Agricultural Research. He worked in the said post till 26th April, 1976. On 27th April, 1976 he joined the post of Senior Research Assistant in the Research Scheme on Water Use and management for Agricultural Production' sponsored by the Ford foundation in the Agricultural Department of IIT and the petitioner worked in the said post till 28th March, 1979. On the 29th March, 1979 he joined the post of Research Officer in the same research project in the same department in the pay scale of Rs. 700 - 1300/- it is the petitioner's case that although the said project was terminated on 31. 12. 84 he was allowed to continue in the said project till 10th June, 1985. Thereafter the petitioner was appointed to the post of Junior Research Officer (Chem.) in weed Control Project of the Institute sponsored by the ICAR with effect from 11. 6. 1985 in the scale of Rs. 700 - 1600 with the benefit of pay protection on temporary basis for one year or for the duration of the project whichever was earlier. Annexure-G to his writ petition is his appointment letter in respect of the post of Junior Research Officer (Chem.) under the project on Weed Control' sponsored by the ICAR. He joined the post on the 11th June. 1985. The said appointment letter was also issued under the signature of the Registrar (Offg.) for Board of Governors. Subsequently by a letter dated the 22nd November. 1991 which Annexure I to the writ petition the Deputy Registrar (SRIC) informed the petitioner that the work of the temporary research project on Weed Control would come to an end on 31. 3. 91 on expiry of the duration of the project sanctioned by the ICAR. That notice was served as a notice of termination of the temporary services of the petitioner with effect from 31. 3. 1991. The office memo dated 1. 4. 91 which is annexure-J to the writ petition also notes that due to closure of the projects the temporary appointment of the petitioner attached to the temporary research project on Weed Control stands terminated with effect from the 31st March, 1991 and the petitioner would cease to be borne on the roll of temporary research scheme on the project with effect from 1. 4. 1991. The petitioner in this writ petition inter alia prays for cancellation of the said order of termination dated the 1st April, 1991 and also, for absorption and confirmation as a permanent employee of the IIT, kharagpur. His contention is also that he has been serving continuously in different projects in IIT for a period of more than 16 years and his services therefore cannot be terminated in the way in which it has been done.
(3.)IT may be mentioned here that in both the writ petitions not only the indian Institute of Technology, Kharagpur arid its authorities are respondents, but the Indian Council of Agricultural Research also has been made respondent in both the writ petitions. The Indian Council of Agricultural research is however not conning to contest the writ petitions which are being contested only by the authorities of the Indian Institute of technology, Kharagpur. It is the contention of the respondent IIT that the petitioners were not in the regular cadre of the IIT and as such the IIT has no obligation to absorb them on the expiry of the respective sponsored projects in which they were working. It is also submitted on behalf of the respondents that in these cases the sponsoring agency ICAR should absorb both the petitioners in view of the fact that they worked for quite a long period under the projects sponsored by the ICAR. It is also the contention of the respondent IIT that the terms and conditions of the service of the researchers in sponsored projects Is governed by the rules and procedures known as Sponsored Research and Industrial Consultancy Rules (SRIC rules) framed by the Board of Governors of IIT and as such researchers are not governed by the rules applicable to the regular employees of the institute.
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