N. Sinha W.P. 3598 , A. K. Sen W.P. 4369 , Dr. Y. Chitale W. P. 4391 and 4536 , M. K. Ramamurthy W. Ps.
4505 and 1246 , B. P. Singh, S. S. Javali and Ashok Kaul for the Petitioners.
Sushil Kumar for Respondent No.
10 in all Writ Petitions N. Kackar, Sol.
W. Ps.
3598, 4369 and 4505 , C. Agrawala W. Ps.
4369, 4505 and 3598 , R. N. Sachthey in all matters and for the State of Haryana in W.P. 565 and Miss A. Subhashini for the other appearing Respondents.
3598, 4369, 4423, 4536, 4391, 4505, 4376, 4658 of 1978 and 565 of 1979.
The Petitioners further companytend that they and the employees of the various State Governments who had companye on deputation in companynection with the Beas Sutlej Project were discharging similar duties and were clothed with similar responsibilities.
Anand Prakash, P. H. Parekh, B. Datta and K. K. Manchanda for RR 11 17 WP 4536 R. 14 in WPs 4505 and 4658 M. Jain for R. 4 in 3598, 4369, 4376 and 4391 D. Sharma for R. 4 in rest of the W. Ps.
There are in all 542 petitioners in Writ Petitions Nos.
The partner States having been unable to meet the employment requirements of the Beas Project, the Beas Construction Board appointed the petitioners on an ad hoc, temporary basis with a clear understanding that they will have numberright to be retained in service after the companypletion of the Beas Project.
ORIGINAL JURISDICTION Writ Petitions Nos.
Under Article 32 of the Constitution.
Prior to reorganisation, there was only one Board in existence, called the Beas Control Board, which was companystituted on February 10, 1961.
The Judgment of the Court was delivered by CHANDRACHUD, C.J. this is a group of nine Writ Petitions under Article 32 of the Constitution raising the questions as to whether the petitioners are employees of the Central Government if so, whether their companyditions of service are governed by rules which apply to temporary employees of the Central Government and lastly, whether the orders of retrenchment proposed or passed against them are violative of Articles 14 and 16 of the Constitution.
This group companysists of Engineers, Overseers, Teachers, Sub divisional Clerks, Clerks, Accounts Clerks, Time keepers, Research Assistants, Store keepers, Meter Readers, Daughtsmen, Tracers and Steno typists.
On these grounds the petitioners pray by their Writ Petitions that a the decision of the Central Government to retrench the petitioners from service be quashed b respondents be directed to retain the petitioners in service in the Beas Project and companytinue to employ them in the posts held by them after their transfer to the Bhakra Beas Management Board and c respondents be asked to issue certificates to the petitioners that they are quasi permanent employees within the meaning of the Central Civil Services Temporary Service Rules, 1965.
The companytention of the respondents, as set out in the affidavits filed on their behalf, is briefly this Persons like petitioners who were appointed by the Beas Construction Board are number employees of the Central Government and therefore they cannot claim any declaration or relief on the basis that they are employees of the Central Government.
3598, 4369, 4423, 4376 and 4391 of 1978.
The policy initiated by the Government of India under which it was decided to retain the deputationists in service and retrench direct recruits like the petitioners is, according to the petitioners, violative of the guarantee of equality companytained in Article 14 of the Constitution.
The petitioners, numberless than the deputationists, had rendered service to the satisfaction of their employers and therefore they companyld number be discriminated against in the matter of companytinuing in their present employment.
In any event, so the petitioners companytend, they cannot be removed from service while officers junior to them and less qualified than them who had companye on deputation from other States are retained in service.
These offers were accepted by the petitioners.
