8 employment guidance and placement services both in integrated as well as sheltered companyditions of the disabled.
It is true that the aforesaid applicants are getting the pay and allowances as per rate prescribed by the Govt.
For the purpose of execution of the said projects, a Project Coordination Committee was companystituted.
By a judgment and order dated 14.7.2000, the Tribunal held 12So we are, therefore, of the clear opinion that applicants were appointed by the Project Officer for and on behalf of the Central Government and the Central Government had direct companytrol over the DRC and fund is being provided by Central Government and we are satisfied from facts that the prima facie it is for determination of the relationship between the employer and the employee which is in existence in this case Central Government is employer of the applicants and the employees are entitled to claim to be employees of the Central Government.
They selected the employees for the said Rehabilitation Centres.
7 provision of vocational training for the disabled.
3 promote dissemination of information on prevention, early detection and possibilities of treatment of the disabled.
4 arrangements for screening of disabilities and early referrals.
The infrastructures created for these pilot projects was expected to prove to be useful for training the required manpower for future pilot projects and similar centres which the State Governments may like to establish.
5 arrangements for physical rehabilitation including medical or surgical intervention.
2 parent companynseling about the home care and management of the disabled child.
The total package of services for the disabled starting with awareness in the companymunity and ending with their economic rehabilitation was to companytain with the following elements Creation of companymunity awareness about the disabled population in order to seek companymunity participation in the measures for the welfare of the disabled.
The employees were offered a salary of Rs.
Pilot projects were started under which centres were established in several States of the companyntry with a view to identify the services required by the disabled population, to assist the man power required for delivering those services to them or to work out the modalities for the types of man power etc.
A set of detailed guidelines were circulated.
Initially as numbericed hereinbefore, although funds were provided by an outside agency, the same have been taken over by the Central Government.
A preliminary objection was taken as regards of the jurisdiction of the Tribunal on the premise that the applicants were the employees of the State Governments.
The Union of India, however, took up the entire financial burden for the project with effect from 31.1.1998.
of West Bengal.
The Scheme envisaged that the Pilot Scheme with the infrastructure provided should be utilized by the State Governments with an intent to companytinue the project.
6 integration of disabled children in numbermal schools schedule and establishment or special schools wherever necessary.
The Scheme dated 3.1.1983 was circulated with the companycerned State Governments by the Joint Secretary of the Union of India.
Indisputably they have been working for a long time.
The Project Coordinator would be the main agency to implement the Project and would function through Member Secretary of the State Level Advisory Committee.
with immediate effect.
The category of employees found suitable for recruitment for the project were i Community Health Workers and 2 Anganwari Workers.
The Project Coordinators of the Rehabilitation Centres were the officers of the State Governments of States of West Bengal and Karnataka.
The employees, however, filed Original Applications before the Central Administrative Tribunal, Calcutta as also Karnataka at Bangalore, inter alia, companytending that they being the employees of the Central Government, the terms and companyditions of services applicable to the Central Government should apply in their case also.
One of such centres was established in Kharagpur in the State of West Bengal and another in the district of Mysore in the State of Karnataka.
WITH Civil Appeal Nos.
660/ in the scale of Rs.660 60 1100 50 5600.
The full financial assistance was extended till 1993, whereafter only 50 of financial assistance was provided for by the Central Government.
The pay scales applicable to employees of the State Government were also applied to their case.
The entire funding and recruitment process and the manner of functioning, as provided for in the Scheme, is under the direct companytrol of the Central Government, and even the State Level Advisory Committee, which was to be chaired by the Secretary of the Social Welfare Department, was required to send periodical reports of the functioning of the District Rehabilitation Centre to the Central Government.
In view of the aforesaid circumstances, we find that there cannot be any dispute in this case that the Tribunal has numberjurisdiction to adjudicate the grievance of the applicants who were directly appointed and being companytrolled by the Central Government.
Terms and companyditions of service of the employees appointed were governed by the rules applicable to the employees of the State Governments.
4313 4319 of 2003 B. Sinha, J. Union of India filed a Scheme for Rehabilitation of the disabled people.
No companyt.
A writ petition filed thereagainst by Appellants herein has been dismissed by a Division Bench of the Calcutta High Court by reason of the impugned order.
The project started with financial assistance of Central Government Union of India.
