Yogesh Mahajan vs Prof. R.C. Deka, Director, All India Institute of Medical Sciences

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

SPECIAL LEAVE PETITION NOS. 22475-22476 OF 2012

Yogesh Mahajan ... Petitioner Versus

Prof. R.C. Deka, Director, All India Institute of Medical Sciences ... Respondent

JUDGMENT

Madan B. Lokur, J.

1. The petitioner who appears in person was initially engaged on a

contract basis as a Technical Assistant (ENT) in the All India Institute of

Medical Sciences in 1998. The initial contract was for a period of three

months, but it was renewed from time to time, without any artificial

breaks, on a quarterly or a six monthly basis. It appears that the services

of the petitioner were taken on contract basis without following any laid

down procedure and without adherence to any rules. The contract of the

petitioner was finally extended from 1st January, 2010 to 30th June, 2010.

2. When the contract of the petitioner was not renewed after 30 th

June, 2010 he approached the Principal Bench of the Central Signature Not Verified Digitally signed by SANJAY KUMAR Date: 2018.01.31 21:01:29 IST Reason: Administrative Tribunal by filing OA No. 4104 of 2010. The OA was

S.L.P. (C) Nos. 22475-22476 of 2012 Page 1 of 5 subsequently amended, but the essential prayer of the petitioner was to

the effect that the order dated 24th November, 2010 passed by the All

India Institute of Medical Sciences, declining to extend his contract ad

hoc appointment by a further period of six months ought to be quashed.

3. By its judgement and order dated 25th July, 2011 the Central

Administrative Tribunal declined to grant this relief to the petitioner on

the ground that he had no right to an extension of his services and further,

he had no right to be regularised as a Technical Assistant since his

appointment on a contractual basis or on an ad hoc basis was made

without following any laid down procedure and without following any

rules. In this regard, the Central Administrative Tribunal relied upon the

decision of this Court in Secretary, State of Karnataka v. Uma Devi (3)1

The OA was accordingly dismissed.

4. Feeling aggrieved by the decision of the Central Administrative

Tribunal, the petitioner preferred a review petition, but that too was

dismissed. Eventually, the petitioner preferred a writ petition in the Delhi

High Court being W.P. (C) No. 7870 of 2011. The High Court passed a

brief order recording that reliance placed by the Central Administrative

Tribunal on the decision of this Court in Uma Devi was correct. It was

also recorded that the learned counsel for the All India Institute of

1 (2006) 4 SCC 1

S.L.P. (C) Nos. 22475-22476 of 2012 Page 2 of 5 Medical Sciences had stated that no contract employee in the ENT

Department had been granted an extension after 1st January, 2009. In

these circumstances the High Court dismissed the writ petition of the

petitioner by its order dated 19th December, 2011. The petitioner

preferred a review petition in the High Court, but that too was dismissed

by an order dated 24th January, 2012. In the circumstances, the petitioner

has preferred the present petition.

5. We heard the petitioner, appearing in person, on 17th January,

2018. He submitted that there was no reason why his services were not

extended. Even though he had received a favourable recommendation for

the continuance of his services. He contended that the decision of the

All India Institute of Medical Sciences in not renewing his contract was

arbitrary and unjustified. The petitioner also drew our attention to a

communication dated 22nd February, 2017 received by him from the All

India Institute of Medical Sciences in response to a query made by him

under the provisions of the Right to Information Act, 2005. In the

communication, it was acknowledged that in May 2016 three persons

were appointed to the post of Technical Assistant (ENT) after a walk-in

interview. The contention of the petitioner was that under the

circumstances, it was clear that the All India Institute of Medical Sciences

S.L.P. (C) Nos. 22475-22476 of 2012 Page 3 of 5 needed the services of Technical Assistants and therefore there was no

reason why his services were not extended.

6. It is settled law that no contract employee has a right to have his or

her contract renewed from time to time. That being so, we are in

agreement with the Central Administrative Tribunal and the High Court

that the petitioner was unable to show any statutory or other right to have

his contract extended beyond 30th June, 2010. At best, the petitioner could

claim that the concerned authorities should consider extending his

contract. We find that in fact due consideration was given to this and in

spite of a favourable recommendation having been made, the All India

Institute of Medical Sciences did not find it appropriate or necessary to

continue with his services on a contractual basis. We do not find any

arbitrariness in the view taken by the concerned authorities and therefore

reject this contention of the petitioner.

7. We are also in agreement with the view expressed by the Central

Administrative Tribunal and the High Court that the petitioner is not

entitled to the benefit of the decision of this Court in Uma Devi. There is

nothing on record to indicate that the appointment of the petitioner on a

contractual basis or on an ad hoc basis was made in accordance with any

regular procedure or by following the necessary rules. That being so, no

right accrues in favour of the petitioner for regularisation of his services.

S.L.P. (C) Nos. 22475-22476 of 2012 Page 4 of 5 The decision in Uma Devi does not advance the case of the petitioner.

8. Insofar as the final submission of the petitioner to the effect that

some persons were appointed as Technical Assistant (ENT) in May 2016

is concerned, we are of the view that the events of 2016 cannot relate

back to the events of 2010 when a decision was taken by the All India

Institute of Medical Sciences not to extend the contract of the petitioner.

The situation appears to have changed over the last six years and the

petitioner cannot take any advantage of the changed situation. There is no

material on record to indicate what caused the change in circumstances,

and merely because there was a change in circumstances, does not mean

that the petitioner is entitled to any benefit. On the other hand, it might

have been more appropriate for the petitioner to have participated in the

walk-in interview so that he could also be considered for appointment as

Technical Assistant (ENT), but he chose not to do so.

9. We find no merit in these petitions and they are accordingly

dismissed.

………………………J (Madan B. Lokur)

...……………………..J (Deepak Gupta) New Delhi;

January 31, 2018

S.L.P. (C) Nos. 22475-22476 of 2012 Page 5 of 5