NISHITA MHATRE, J. - (1.) The decision of the Central Administrative Tribunal in M.A. 350/00395 of 2014 and O.A. 350/00689 of 2014 has been challenged in this petition. The petitioners had contested the maintainability of the original application before the Central Administrative Tribunal on the ground that the Respondent No.1 (hereinafter referred to as "Respondent") was not holding a civil post and therefore, was not entitled to approach the Central Administrative Tribunal. The Tribunal has not accepted this contention and has found that the original application is maintainable and has decided to hear it on merits.
(2.) The brief facts giving rise to the present petition are as follows: The Respondent was engaged as a Project Scientist in the Institute of Radio Physics and Electronics under the Calcutta University. The Calcutta University and the Defence Research and Development Organisation (hereinafter referred to as "DRDO") entered into a joint venture in terms of a Memorandum of Understanding (for short "MoU") dated 30th August, 2006 and established the Centre for Millimeterwave Semiconductor Devices and Systems (hereinafter referred to as "CMSDS"). Although initially the joint venture was to continue for 3 years, it was extended till 31st March, 2014. A professor of the Calcutta University was appointed as Director of the CMSDS by the Governing Council of that organisation. The Respondent was engaged as a Research Scientist in the CMSDS initially for a period of 3 years. The appointment order was issued to the Respondent by the Director of the CMSDS. He was paid remuneration through the funds transferred by the DRDO to the Registrar, Calcutta University. The Respondent's service with the CMSDS has been extended and he continues to be employed in the Centre.
(3.) The Respondent sought permanent appointment with the CMSDS. As that relief was not granted to him, he approached the Tribunal by filing an original application before it. Arguments were advanced on merits before the Tribunal till, as recorded by the Tribunal, at the final stage of hearing the issue of maintainability of the original application was raised by the petitioners.;