Madras High Court
T.Ramesh vs The Director on 30 April, 2025
Author: C.V.Karthikeyan
Bench: C.V.Karthikeyan
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
RESERVED ON : 08.04.2025
PRONOUNCED ON : 30.04.2025
CORAM
THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN
W.P.Nos. 25621, 26081, 25968, 26085, 26093, 25961, 26089, 26088,
25939, 25966, 25935, 25930, 25964, 25959, 25648, 25644, 25632, 25627,
25929 & 25936 of 2024
And
W.M.P.Nos. 27976, 28486, 28351, 28493, 28500, 28343, 28496, 28495,
28310, 28348, 28307, 28301, 28346, 28341, 28015, 28007, 27992, 27986,
28305 & 28308 of 2024
And
W.M.P.Nos. 4118, 4268, 4267, 4123, 4119, 4266, 4116, 4115, 4269, 4271,
4270 & 4114 of 2025
T.Ramesh ... Petitioner in W.P.No. 25621/2024
Ashutosh Singh ... Petitioner in W.P.No. 26081/2024
S.Patturajan ... Petitioner in W.P.No. 25968/2024
P V Karunakaran ... Petitioner in W.P.No. 26085/2024
Vidyadhar Atkore ... Petitioner in W.P.No. 26093/2024
Arun, P.R ... Petitioner in W.P.No. 25961/2024
Honnavalli N.Kumara ... Petitioner in W.P.No. 26089/2024
R.Jayakumar ... Petitioner in W.P.No. 26088/2024
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N.Dinesh Kumar ... Petitioner in W.P.No. 25939/2024
Aneesh K Abraham ... Petitioner in W.P.No. 25966/2024
Aditi Mukherjee ... Petitioner in W.P.No. 25935/2024
S.Babu ... Petitioner in W.P.No. 25930/2024
Mareeswaran K ... Petitioner in W.P.No. 25964/2024
Manchi Shirish S ... Petitioner in W.P.No. 25959/2024
Riddhika Ramesh ... Petitioner in W.P.No. 25648/2024
Mahendiran Mylswamy ... Petitioner in W.P.No. 25644/2024
Goldin Quadros ... Petitioner in W.P.No. 25632/2024
R.Naresh Kumar ... Petitioner in W.P.No. 25627/2024
Rajah Jayapal ... Petitioner in W.P.No. 25929/2024
Shomita Mukherjee ... Petitioner in W.P.No. 25936/2024
..Vs..
1. The Director
Wildlife Institute of India
Chandrabani
Dehradun
Uttarakhand – 248 001.
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2. The Director
WII-SACON
Salim Ali Centre for Ornithology and Natural History
South India Centre of Wildlife Institute of India
Anaikatty Post, Coimbatore – 641 108.
... Respondents in all W.Ps.
PRAYER IN W.P.No. 25621/2024: Petition under Article 226 of the
Constitution of India, praying for the issue of a Writ of Mandamus directing
the respondents to regularise and confirm the petitioner as Senior Scientist
till superannuation with all benefits including promotion, retirement
benefits, at par with the employees of Wildlife Institute of India (WII) after
the merger of SACON maintaining the seniority as per the order in
Ref.F.No.FC-11/172/2022-DGF issued by the Ministry of Environment,
Forests and Climate Change, Government of India, dated 25.04.2023 in the
time bound period.
PRAYER IN W.P.No. 26081/2024: Petition under Article 226 of the
Constitution of India, praying for the issue of a Writ of Mandamus directing
the respondents to regularise and confirm the petitioner as Scientist till
superannuation with all benefits including promotion, retirement benefits, at
par with the employees of Wildlife Institute of India (WII) after the merger
of SACON maintaining the seniority as per the order in Ref.F.No.FC-
11/172/2022-DGF issued by the Ministry of Environment, Forests and
Climate Change, Government of India, dated 25.04.2023 in the time bound
period.
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PRAYER IN W.P.No. 25968/2024: Petition under Article 226 of the
Constitution of India, praying for the issue of a Writ of Mandamus directing
the respondents to regularise and confirm the petitioner as Administrative
Assistant till superannuation with all benefits including promotion,
retirement benefits, at par with the employees of Wildlife Institute of India
(WII) after the merger of SACON maintaining the seniority as per the order
in Ref.F.No.FC-11/172/2022-DGF issued by the Ministry of Environment,
Forests and Climate Change, Government of India, dated 25.04.2023 in the
time bound period.
PRAYER IN W.P.No. 26085/2024: Petition under Article 226 of the
Constitution of India, praying for the issue of a Writ of Mandamus directing
the respondents to regularise and confirm the petitioner as Senior Principal
Scientist till superannuation with all benefits including promotion,
retirement benefits, at par with the employees of Wildlife Institute of India
(WII) after the merger of SACON maintaining the seniority as per the order
in Ref.F.No.FC-11/172/2022-DGF issued by the Ministry of Environment,
Forests and Climate Change, Government of India, dated 25.04.2023 in the
time bound period.
PRAYER IN W.P.No. 26093/2024: Petition under Article 226 of the
Constitution of India, praying for the issue of a Writ of Mandamus directing
the respondents to regularise and confirm the petitioner as Scientist till
superannuation with all benefits including promotion, retirement benefits, at
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par with the employees of Wildlife Institute of India (WII) after the merger
of SACON maintaining the seniority as per the order in Ref.F.No.FC-
11/172/2022-DGF issued by the Ministry of Environment, Forests and
Climate Change, Government of India, dated 25.04.2023 in the time bound
period.
PRAYER IN W.P.No. 25961/2024: Petition under Article 226 of the
Constitution of India, praying for the issue of a Writ of Mandamus directing
the respondents to regularise and confirm the petitioner as Senior Principal
Scientist till superannuation with all benefits including promotion,
retirement benefits, at par with the employees of Wildlife Institute of India
(WII) after the merger of SACON maintaining the seniority as per the order
in Ref.F.No.FC-11/172/2022-DGF issued by the Ministry of Environment,
Forests and Climate Change, Government of India, dated 25.04.2023 in the
time bound period.
PRAYER IN W.P.No. 26089/2024: Petition under Article 226 of the
Constitution of India, praying for the issue of a Writ of Mandamus directing
the respondents to regularise and confirm the petitioner as Principal
Scientist till superannuation with all benefits including promotion,
retirement benefits, at par with the employees of Wildlife Institute of India
(WII) after the merger of SACON maintaining the seniority as per the order
in Ref.F.No.FC-11/172/2022-DGF issued by the Ministry of Environment,
Forests and Climate Change, Government of India, dated 25.04.2023 in the
time bound period.
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PRAYER IN W.P.No. 26088/2024: Petition under Article 226 of the
Constitution of India, praying for the issue of a Writ of Mandamus directing
the respondents to regularise and confirm the petitioner as Administrative
Officer till superannuation with all benefits including promotion, retirement
benefits, at par with the employees of Wildlife Institute of India (WII) after
the merger of SACON maintaining the seniority as per the order in
Ref.F.No.FC-11/172/2022-DGF issued by the Ministry of Environment,
Forests and Climate Change, Government of India, dated 25.04.2023 in the
time bound period.
PRAYER IN W.P.No. 25939/2024: Petition under Article 226 of the
Constitution of India, praying for the issue of a Writ of Mandamus directing
the respondents to regularise and confirm the petitioner as Attendant till
superannuation with all benefits including promotion, retirement benefits, at
par with the employees of Wildlife Institute of India (WII) after the merger
of SACON maintaining the seniority as per the order in Ref.F.No.FC-
11/172/2022-DGF issued by the Ministry of Environment, Forests and
Climate Change, Government of India, dated 25.04.2023 in the time bound
period.
PRAYER IN W.P.No. 25966/2024: Petition under Article 226 of the
Constitution of India, praying for the issue of a Writ of Mandamus directing
the respondents to regularise and confirm the petitioner as Finance Officer
till superannuation with all benefits including promotion, retirement
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benefits, at par with the employees of Wildlife Institute of India (WII) after
the merger of SACON maintaining the seniority as per the order in
Ref.F.No.FC-11/172/2022-DGF issued by the Ministry of Environment,
Forests and Climate Change, Government of India, dated 25.04.2023 in the
time bound period.
PRAYER IN W.P.No. 25935/2024: Petition under Article 226 of the
Constitution of India, praying for the issue of a Writ of Mandamus directing
the respondents to regularise and confirm the petitioner as Extension Officer
(Scientist) till superannuation with all benefits including promotion,
retirement benefits, at par with the employees of Wildlife Institute of India
(WII) after the merger of SACON maintaining the seniority as per the order
in Ref.F.No.FC-11/172/2022-DGF issued by the Ministry of Environment,
Forests and Climate Change, Government of India, dated 25.04.2023 in the
time bound period.
PRAYER IN W.P.No. 25930/2024: Petition under Article 226 of the
Constitution of India, praying for the issue of a Writ of Mandamus directing
the respondents to regularise and confirm the petitioner as Senior Scientist
till superannuation with all benefits including promotion, retirement
benefits, at par with the employees of Wildlife Institute of India (WII) after
the merger of SACON maintaining the seniority as per the order in
Ref.F.No.FC-11/172/2022-DGF issued by the Ministry of Environment,
Forests and Climate Change, Government of India, dated 25.04.2023 in the
time bound period.
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PRAYER IN W.P.No. 25964/2024: Petition under Article 226 of the
Constitution of India, praying for the issue of a Writ of Mandamus directing
the respondents to regularise and confirm the petitioner as Accountant till
superannuation with all benefits including promotion, retirement benefits, at
par with the employees of Wildlife Institute of India (WII) after the merger
of SACON maintaining the seniority as per the order in Ref.F.No.FC-
11/172/2022-DGF issued by the Ministry of Environment, Forests and
Climate Change, Government of India, dated 25.04.2023 in the time bound
period.
PRAYER IN W.P.No. 25959/2024: Petition under Article 226 of the
Constitution of India, praying for the issue of a Writ of Mandamus directing
the respondents to regularise and confirm the petitioner as Principal
Scientist till superannuation with all benefits including promotion,
retirement benefits, at par with the employees of Wildlife Institute of India
(WII) after the merger of SACON maintaining the seniority as per the order
in Ref.F.No.FC-11/172/2022-DGF issued by the Ministry of Environment,
Forests and Climate Change, Government of India, dated 25.04.2023 in the
time bound period.
PRAYER IN W.P.No. 25648/2024: Petition under Article 226 of the
Constitution of India, praying for the issue of a Writ of Mandamus directing
the respondents to regularise and confirm the petitioner as Senior Scientist
till superannuation with all benefits including promotion, retirement
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benefits, at par with the employees of Wildlife Institute of India (WII) after
the merger of SACON maintaining the seniority as per the order in
Ref.F.No.FC-11/172/2022-DGF issued by the Ministry of Environment,
Forests and Climate Change, Government of India, dated 25.04.2023 in the
time bound period.
PRAYER IN W.P.No. 25644/2024: Petition under Article 226 of the
Constitution of India, praying for the issue of a Writ of Mandamus directing
the respondents to regularise and confirm the petitioner as Senior Scientist
till superannuation with all benefits including promotion, retirement
benefits, at par with the employees of Wildlife Institute of India (WII) after
the merger of SACON maintaining the seniority as per the order in
Ref.F.No.FC-11/172/2022-DGF issued by the Ministry of Environment,
Forests and Climate Change, Government of India, dated 25.04.2023 in the
time bound period.
PRAYER IN W.P.No. 25632/2024: Petition under Article 226 of the
Constitution of India, praying for the issue of a Writ of Mandamus directing
the respondents to regularise and confirm the petitioner as Principal
Scientist till superannuation with all benefits including promotion,
retirement benefits, at par with the employees of Wildlife Institute of India
(WII) after the merger of SACON maintaining the seniority as per the order
in Ref.F.No.FC-11/172/2022-DGF issued by the Ministry of Environment,
Forests and Climate Change, Government of India, dated 25.04.2023 in the
time bound period.
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PRAYER IN W.P.No. 25627/2024: Petition under Article 226 of the
Constitution of India, praying for the issue of a Writ of Mandamus directing
the respondents to regularise and confirm the petitioner as Driver till
superannuation with all benefits including promotion, retirement benefits, at
par with the employees of Wildlife Institute of India (WII) after the merger
of SACON maintaining the seniority as per the order in Ref.F.No.FC-
11/172/2022-DGF issued by the Ministry of Environment, Forests and
Climate Change, Government of India, dated 25.04.2023 in the time bound
period.
PRAYER IN W.P.No. 25929/2024: Petition under Article 226 of the
Constitution of India, praying for the issue of a Writ of Mandamus directing
the respondents to regularise and confirm the petitioner as Senior Principal
Scientist till superannuation with all benefits including promotion,
retirement benefits, at par with the employees of Wildlife Institute of India
(WII) after the merger of SACON maintaining the seniority as per the order
in Ref.F.No.FC-11/172/2022-DGF issued by the Ministry of Environment,
Forests and Climate Change, Government of India, dated 25.04.2023 in the
time bound period.
PRAYER IN W.P.No. 25936/2024: Petition under Article 226 of the
Constitution of India, praying for the issue of a Writ of Mandamus directing
the respondents to regularise and confirm the petitioner as Senior Principal
Scientist till superannuation with all benefits including promotion,
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retirement benefits, at par with the employees of Wildlife Institute of India
(WII) after the merger of SACON maintaining the seniority as per the order
in Ref.F.No.FC-11/172/2022-DGF issued by the Ministry of Environment,
Forests and Climate Change, Government of India, dated 25.04.2023 in the
time bound period.
***
For Petitioners in
all W.Ps. :: Mr. K.Venkatramani
Senior Counsel
for Mr. K.Mohana Murali
For Respondents in
all W.Ps. :: Mr. ARL. Sundaresan
Additional Solicitor General
Assisted by Mr.K.Srinivasa Murthy
Standing Panel Counsel
COMMON ORDER
All these Writ Petitions have been filed in the nature of a Mandamus
seeking a direction against the respondents to regularise and confirm the
respective services of the petitioners till they attain the age of
superannuation and also grant service benefits including promotion and
other retirement benefits on par with employees of Wildlife Institute of
India (WII).
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2. It had also been contended that necessary service benefits should
be extended after the merger of Salim Ali Centre for Ornithology and
Natural History (SACON) with Wildlife Institute of India (WII).
3. In view of the fact that the reliefs sought in all the Writ Petitions
are common and all the Writ Petitioners were also employees in senior
positions and in other administrative and ministerial positions of SACON
and have raised the same grounds seeking protection of their services and
arguments had also been advanced in common by both the learned Senior
Counsel for the petitioner and by the learned Additional Solicitor General
for the respondents, a common order is passed.
4. Let me take up as an illustration the facts as stated in W.P.No.
25621 of 2024.
5. The writ petitioner, T.Ramesh had been selected as Scientist in
Conservation Ecology in SACON consequent to an application made by
him for the said post pursuant to an advertisement in the Employment News
in August 2016 calling for applications. He was selected as a direct recruit.
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6. It must be stated that the Salim Ali Centre for Ornithology and
Natural History (SACON) was established in the year 1990 and had been
registered as a Society under the Societies Registration Act 1860 and was
functioning as a Centre of Excellence under the Ministry of Environment,
Forests and Climate Change, Government of India.
7. It had been contended that each one of the writ petitioners had
been appointed on direct recruitment following the procedure laid down
under the rules of SACON against various capacities / designations on
regular and sanctioned posts of Government of India.
8. The petitioner T.Ramesh who was selected for the post of
Scientist-Conservation Ecology had received an offer of appointment by
letter dated 03.04.2017 on a regular pay scale as per the 6th Central Pay
Commission with all attendant benefits, but however on contract basis for a
period of 5 years against the sanctioned post approved by the Government
of India.
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9. The petitioner had further contended that he and also the other
writ petitioners had been issued with permanent identity cards giving their
dates of superannuation and their salary was also paid on monthly basis and
annual CPF statements were also issued. There was also a period of
probation and later an order declaring probation was also issued by
SACON. Thereafter on the implementation of the 7th Central Pay
Commission, the pay band of the petitioner and other writ petitioners were
also revised in accordance with the recommendations.
10. The petitioner was also granted promotion to the next grade of
Senior Scientist with an increase in the pay scale. His contract of 5 years
was extended for a further period of 5 years.
11. The petitioner and other writ petitioners, who had been selected
on the basis of their educational qualifications and expertise in their
respective fields were also sent on deputation to other similar institutes in
other countries.
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12. The petitioner, with the approval of Chairperson, Governing
Body, Wildlife Institute of India (WII) and the Secretary, Ministry of
Environment, Forests and Climate Change, Government of India was sent
on deputation to Max Planck Institute of Animal Behavior, Germany for a
period of six months. The eligibility to avail this Fellowship was to be an
employee of a permanent post. He was also endorsed to act as guide for
PhD Scholars and on the date of filing of the Writ Petition, there were six
full time PhD Scholars registered under him for their academic progression.
The petitioner claimed that therefore, he had a reasonable right to have a
legitimate expectation that his services would be regularised and even if the
contract is to be extended, the contract would not be unceremoniously and
unilaterally frustrated.
13. In the affidavit filed, the details of the faculty and staff members
and their designations and their respective dates of joining had been given.
The following are the details:-
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Sl.No. Name Present Date of Age as Date of
Designation Birth on date Joining
1. Dr.P.R.Arun Senior 30.05.1971 53 years 12.10.2010
Principal
Scientist
2. Dr.Shomita Senior 01.12.1966 57 years 01.03.2010
Mukherjee Principal
Scientist
3. Dr.Rajah Jayapal Senior 16.09.1970 53 years 21.03.2012
Principal
Scientist
4. Dr.P.V.Karunakaran Senior 10.04.1965 59 years 19.03.2012
Principal
Scientist
5. Dr.Goldin Quadros Principal 18.04.1971 53 years 01.08.2011
Scientist
6. Dr.Manchi Shirish S Principal 17.01.1980 44 years 30.09.2009
Scientist
7. Dr.H.N.Kumara Principal 20.05.1972 52 years 01.03.2010
Scientist
8. Dr.S.Babu Senior 25.06.1980 44 years 23.05.2012
Scientist
9. Dr.Mahendiran. M Senior 29.07.1976 48 years 30.05.2011
Scientist
10. Dr.T.Ramesh Senior 30.07.1981 43 years 06.04.2017
Scientist
11. Dr.Riddhika Ramesh Senior 04.12.1986 37 years 17.05.2017
Scientist
12. Dr.Aditi Mukherjee Scientist 20.08.1988 36 years 17.07.2019
13. Dr.Ashutosh Singh Scientist 25.09.1986 37 years 07.06.2021
14. Dr.Vidyadhar Atkore Scientist 21.02.1981 43 years 14.06.2021
15. Mr.Aneesh K Finance Officer 28.09.1976 47 years 20.02.2012
Abraham
16. Mr.R.Jayakumar Administrative 04.02.1969 55 years 15.11.2006
Officer
17. Mr.K.Mareeswaran Accountant 06.02.1991 33 years 01.07.2022
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Sl.No. Name Present Date of Age as Date of
Designation Birth on date Joining
18. Mr.S.Patturajan Administrative 27.06.1977 46 years 13.11.2009
Assistant
19. Mr.R.Naresh Kumar Driver 06.01.1994 30 years 11.07.2022
20. Mr.N.Dinesh Kumar Attendant 04.01.1991 33 years 21.10.2019
14. The petitioner further stated that all the aforementioned faculty
and staff have reached an age which would make them ineligibile to apply
for any other post under the Government Sector.
15. The petitioner further stated that in accordance with the
recommendations of the Cabinet Secretariat, Government of India dated
09.10.2020, SACON was merged with the Ministry of Environment, Forests
and Climate Change, Government of India by an order dated 23.06.2022
issued by the said Ministry.
16. However, the said Ministry then formed a Committee to merge
SACOM with Wildlife Institute of India (WII). The Committee had
forwarded a report on 07.03.2023. SACON was then merged with WII
upon recommendation of the Committee and brought under the control of
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WII, the first respondent. A merger order was also issued by the Ministry of
Environment, Forests and Climate Change, Government of India accepting
the report of the Committee and the order was issued on 25.04.2023. With
respect to the staff, it was recommended that the permanent staff of SACON
should be merged with the staff of WII and should be treated as permanent
staff of WII from the date of merger and appropriate seniority must be fixed
vis-a-vis the existing employees of WII. It was further observed that by
ensuring this continuation of the services of the staff, the National
requirement of providing the service of WII Region-wise could be easily
and effectively met.
17. The petitioner further claimed that in the advertisement issued on
the basis of which the writ petitioners had applied for the post and also
selected, it had been very clearly mentioned that on selection, they would be
paid gratuity, medical reimbursement, LTC, Contributory Provident Fund,
and also pay and allowances such as dearness allowance, house rent
allowance, transport allowance, children education allowance, leave
encashment, annual increment and promotion and MACP. It had been
contended that the aforementioned benefits had been paid and extended to
each one of the writ petitioners till the date of filing of the Writ Petition.
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18. It had further been stated that the Service Book was also opened
for each one of the writ petitioners in two copies with the original retained
by SACON and the duplicate provided to the petitioners. Even the
duplicate copy was periodically and annually updated with respect to the
grant of benefits and other emoluments. It had also been stated that the
Government of India had also taken over land to an extent of 55.00 acres at
Veerapandi Village in Coimbatore North, by an order dated 09.09.2022 and
the deed of transfer was executed on 11.01.2023.
19. It had been further contended that the respondents then formed a
Sub-Committee to examine the merger of SACON with WII. This Sub-
Committee had adopted a hostile attitude towards the writ petitioners. It
was under those circumstances, apprehending that the contracts under which
the writ petitioners were engaged with SACON would be unilaterally
cancelled and the petitioners would be left high and dry without any further
avenue of employment, the Writ Petitions have been filed in the nature of a
Mandamus seeking protection of their service conditions till they attained
the age of superannuation.
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20. An additional affidavit had been filed by the petitioner wherein it
had been stated that the service conditions had been taken up for discussion
in the 73rd Governing Body meeting of WII which took place on 03.09.2024
during the pendency of the writ petitions and it had been stated that the
respondents had withdrawn the authentication granted to the writ petitioners
to submit proposals to get funds for research and to guide PhD students.
Further, the additional responsibilities of the Research Coordinator and
Finance Coordinator had also been withdrawn by Office order dated
06.09.2024. It had been further stated that the High Court of Uttarakhand at
Nainital, by an order dated 08.07.2024 had directed regularisation of 8
contractual employees of WII in Dehradun and the respondents had also
complied with the said direction.
21. A counter affidavit had been filed on behalf of the first and
second respondents wherein it had been asserted that SACON, a Society
registered under the Societies Registration Act, 1860 and functioning as a
Centre of Excellence under the Ministry of Environment, Forests and
Climate Change, Government of India, had been merged with WII and
renamed as SACON, South India Centre of Wildlife Institute of India,
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Coimbatore by order dated 25.04.2023. It had been further stated that
SACON was governed in accordance with the Memorandum of Association
Rules and Regulations framed by SACON, which had been periodically
revised and finally the Rules and Regulations came into force on and from
23.11.2009.
22. It had been further stated that the writ petitioners had been
engaged purely on fixed term contract basis. The terms of appointment had
been laid down in the offer of appointment and it was a contractual
appointment which had been accepted by the writ petitioners. It had been
further stated that the formalities of merger of SACON with WII is an on
going process. However, in the 73rd Governing Body meeting of the WII, a
proposal regarding recruitment of Scientists at Level-D, E & F in place of
Level -C had been approved and to also make most of the contractual
scientists eligible for direct recruitment at the level of Scientist-D, E & F. It
had also been stated that a fair chance would be given to participate in the
direct recruitment process to those Scientists above the age of 50 years and
working at the level of Scientist-F/E. It had been further stated that the
Governing Body had recommended issuance of advertisement for the posts
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at the level of Scientists-F with an age relaxation upto 5 years and also give
due weightage in direct recruitment. It had been further stated that those
who are due to retire in the next 5 years can also be hired as single source
consultant on consolidated emolument with the approval of the competent
authority. It had been stated that however a final decision has to be taken
by the Ministry of Environment, Forests and Climate Change.
23. With respect to the claim of the petitioners that they had a
legitimate expectation that the contract would be extended, it had been
stated that even the contract provided that it would be extended only on the
basis of performance. By letter dated 27.04.2006 the Ministry of
Environment, Forests and Climate Change, Government of India had
directed that the recruitment of administrative staff was to be done on
deputation or on short-term basis for a maximum period of 5 years. It was
also pointed out that even the rules relating to contract appointment of
SACON mentioned that the tenure would be for a period of one year
extendable on an yearly basis as a fresh contract subject to a maximum of 5
years. With respect to regular posts, the contract would be for a maximum
of 5 years, after which it could be extended again as a fresh contract. The
extension must be approved by the Director of SACON.
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24. It had been very specifically stated that 20 employees are
working on 5 / 3 years contractual appointment in SACON, South India
Centre of Wildlife Institute of India, Coimbatore and they are getting the
service benefits and emoluments equivalent to permanent employees. It was
further stated that to complete and formulate the merger of SACON with
WII, successive meetings were held by the Governing Body of the WII and
finally in the meeting held on 03.09.2024, it had been decided that
regularisation or permanency of SACON contractual employees is not
permissible as per extant Governing Rules and Regulations. It however
provided for most of the contractual scientists to be eligible for direct
recruitment. It had been further stated that the appointment on contract
basis could be terminated without assigning any reason by giving notice of
one month by either side. It had been stated that the expectations of the writ
petitioners to be considered for regularisation of service considering their
length of service with consequential benefits cannot be granted since there
is no provision in the rules of the Institute. It had been further stated that it
had never been held out that the writ petitioners will be brought into regualr
service of the Institute.
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25. Reliance was also placed on the Office Memorandum No.
49014/7/2020-Estt.(C) dated 07.10.2020, Government of India, Ministry of
Personnel, Public Grievances and Pensions, Department of Personnel and
Training wherein it had been stated that in accordance with the Judgment of
the Hon'ble Supreme Court reported in (2006) 4 SCC 1 [Secretary State of
Karnataka and Ors. Vs. Uma Devi], an one time exercise should be
undertaken to regularise the services of duly qualified persons, who had
been irregularly appointed in terms of statutory rules and who had worked
for 10 years or more in duly sanctioned posts.
26. It had been further stated that the Director, WII, is not the
decision making authority in the case of the petitioners and he can only
comply with directives of the Ministry of Environment, Forests and Climate
Change. As mentioned in the merger order dated 25.04.2023 and the
Governing Body decision of WII on 09.04.2024, there was no provision in
the rules to extend the contract of employment till the writ petitioners
attained the age of Superannuation. It had also been stated that the writ
petitioners cannot claim parity with the rules and regulations of the
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employees in the Government of India or other Institutions. It had thus been
stated that the Writ Petitions should be dismissed.
27. A rejoinder affidavit was filed by the petitioner wherein it had
been stated that though the petitioners had been engaged on contract basis,
it was against sanctioned posts. It had been stated that protection had been
granted in the contract itself that where the contract appointment is made in
lieu of a permanent position, then annual increments and monetary benefits
would be extended to the employee. It had also been stated that the
appointments have been made in accordance with the terms and conditions
of the recruitment rules of SACON and the petitioners have been working
continuously without any break. It had been stated that various Universities
had also recognised the Scientists for guiding PhD students. It had been
further stated that by recommendation dated 06.03.2023, the Committee
constituted by the Ministry of Environment, Forests and Climate Change for
the merger of SACON with WII had categorically recommended that the
engagement faculty and staff may be continued on the same terms on which
they had been recruited till they attained the age of superannuation. It had
thus been stated that the petitioners service should be protected by the
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Court.
28. During the course of hearing, the Court had directed an
additional affidavit to be filed on behalf of the respondents stating whether
the respondents affirm or do not affirm the report of the Committee
constituted by the Ministry of Environment, Forests and Climate Change,
Government of India, whic had submitted a report on 07.03.2023.
29. In the affidavit, it had been stated that the first and second
respondents, the Director, WII and the Director, WII-SACON had no
authority or role to determine the terms and conditions of the merger. They
only complied with the directives of the Ministry of Environment, Forests
and Climate Change, Government of India. It had been stated that the
respondents were not vested with discretionary powers and cannot exercise
powers in derogation of any decision taken by the Governing Body of the
Institute. It had been stated that the report dated 07.03.2023 was only
recommendatory in nature and a final decision could be taken only by the
Ministry.
30. Heard arguments advanced by Mr. K.Venkatramani, learned
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Senior Counsel for the petitioners and Mr.ARL.Sundaresan, learned
Additional Solicitor General for the respondents.
31. Mr. K.Venkatramani, learned Senior Counsel for the petitioners
in his arguments pointed out that the writ petitioners, who are Scientists and
Technical Experts and also staff, had been appointed on contract basis
which could be extended on assessment of performance. The learned Senior
Counsel stated that the writ petitioners had been assigned with identity
cards and their salary had been initially determined on the basis of the 6th
Central Pay Commission and later on the basis of the recommendations and
benefits of the 7th Central Pay Commission. They were paid increments.
Pay protection was also granted to similar Government employees. The
learned Senior Counsel further stated that most of the Scientists have done
elaborate research and were also qualified Ph.D guides and have under their
fold Research Students doing Ph.D. The learned Senior Counsel further
pointed out that the recommendations issued while determining the
methodology by which there could be integration of SACON with WII had
recommended that the staff and officials could be merged with the staff and
officials of WII. There was never any intention to cancel the contract to the
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disadvantage of the writ petitioners. But hoewver, later the petitioners were
looked upon with askance and apprehending that their services would not be
extended, the Writ Petitions had been filed.
32. The learned Senior Counsel further argued that pending the writ
petition in the 73rd Governing Body meeting of WII, a decision had been
taken to cancel the contracts and to appoint Scientists to the posts in which
the petitioners were functioning. The learned Senior Counsel expressed
anguish that this would directly affect the prospects of the petitioners as
most of them had crossed the minimum age for applying to any Government
post. The learned Senior Counsel further stated that the Sub-Committee had
been formed which had taken a decision to cancel the contracts and this has
caused serious prejudice to the rights and interests of the petitioners. The
learned Senior Counsel further pointed out that the petitioners had been
appointed consequent to an advertisement issued in sanctioned posts and
after due selection procedure. They were not back door entrants. Their
Service Registers had been opened and their Contributory Pension Scheme
had also been opened which would all indicate that for all practical
purposes, they must be considered as permanent employees.
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33. The learned Senior Counsel made a fervent plea that the
petitioners must be permitted to continue to discharge their duties till they
attained the age of superannuation.
34. In this connection, the learned Senior Counsel placed reliance on
the Judgment of the Hon'ble Supreme Court reported in 2024 SCC OnLine
SC 3826 [ Jaggo Vs. Union of India and Ors.] and more particularly to
paragraph Nos. 22 to 26, which are as follows:-
“22. The pervasive misuse of temporary
employment contracts, as exemplified in this case,
reflects a broader systemic issue that adversely affects
workers' rights and job security. In the private sector,
the rise of the gig economy has led to an increase in
precarious employment arrangements, often
characterized by lack of benefits, job security, and fair
treatment. Such practices have been criticized for
exploiting workers and undermining labour standards.
Government institutions, entrusted with upholding the
principles of fairness and justice, bear an even greater
responsibility to avoid such exploitative employment
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practices. When public sector entities engage in misuse
of temporary contracts, it not only mirrors the
detrimental trends observed in the gig economy but also
sets a concerning precedent that can erode public trust
in governmental operations.
23. The International Labour Organization (ILO),
of which India is a founding member, has consistently
advocated for employment stability and the fair
treatment of workers. The ILO's Multinational
Enterprises Declaration encourages companies to
provide stable employment and to observe obligations
concerning employment stability and social security. It
emphasizes that enterprises should assume a leading
role in promoting employment security, particularly in
contexts where job discontinuation could exacerbate
long-term unemployment.
24. The landmark judgment of the United State in
the case of Vizcaino v. Microsoft Corporation serves as
a pertinent example from the private sector, illustrating
the consequences of misclassifying employees to
circumvent providing benefits. In this case, Microsoft
classified certain workers as independent contractors,
thereby denying them employee benefits. The U.S. Court
of Appeals for the Ninth Circuit determined that these
workers were, in fact, common-law employees and were
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entitled to the same benefits as regular employees. The
Court noted that large Corporations have increasingly
adopted the practice of hiring temporary employees or
independent contractors as a means of avoiding
payment of employee benefits, thereby increasing their
profits. This judgment underscores the principle that the
nature of the work performed, rather than the label
assigned to the worker, should determine employment
status and the corresponding rights and benefits. It
highlights the judiciary's role in rectifying such
misclassifications and ensuring that workers receive fair
treatment.
25. It is a disconcerting reality that temporary
employees, particularly in government institutions, often
face multifaceted forms of exploitation. While the
foundational purpose of temporary contracts may have
been to address short-term or seasonal needs, they have
increasingly become a mechanism to evade long-term
obligations owed to employees. These practices manifest
in several ways:
• Misuse of “Temporary” Labels: Employees
engaged for work that is essential, recurring, and
integral to the functioning of an institution are often
labeled as “temporary” or “contractual,” even when
their roles mirror those of regular employees. Such
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misclassification deprives workers of the dignity,
security, and benefits that regular employees are
entitled to, despite performing identical tasks.
• Arbitrary Termination:Temporary employees
are frequently dismissed without cause or notice, as seen
in the present case. This practice undermines the
principles of natural justice and subjects workers to a
state of constant insecurity, regardless of the quality or
duration of their service.
• Lack of Career Progression: Temporary
employees often find themselves excluded from
opportunities for skill development, promotions, or
incremental pay raises. They remain stagnant in their
roles, creating a systemic disparity between them and
their regular counterparts, despite their contributions
being equally significant.
• Using Outsourcing as a Shield: Institutions
increasingly resort to outsourcing roles performed by
temporary employees, effectively replacing one set of
exploited workers with another. This practice not only
perpetuates exploitation but also demonstrates a
deliberate effort to bypass the obligation to offer regular
employment.
• Denial of Basic Rights and Benefits: Temporary
employees are often denied fundamental benefits such as
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pension, provident fund, health insurance, and paid
leave, even when their tenure spans decades. This lack
of social security subjects them and their families to
undue hardship, especially in cases of illness,
retirement, or unforeseen circumstances.
26. While the judgment in Secretary, State of
Karnataka Vs. Uma Devi (2006) 4 SCC 1 sought to
curtail the practice of backdoor entries and ensure
appointments adhered to constitutional principles, it is
regrettable that its principles are often misinterpreted or
misapplied to deny legitimate claims of long-serving
employees. This judgment aimed to distinguish between
“illegal” and “irregular” appointments. It categorically
held that employees in irregular appointments, who
were engaged in duly sanctioned posts and had served
continuously for more than ten years, should be
considered for regularization as a one-time measure.
However, the laudable intent of the judgment is being
subverted when institutions rely on its dicta to
indiscriminately reject the claims of employees, even in
cases where their appointments are not illegal, but
merely lack adherence to procedural formalities.
Government departments often cite the judgment in Uma
Devi (supra) to argue that no vested right to
regularization exists for temporary employees,
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overlooking the judgment's explicit acknowledgment of
cases where regularization is appropriate. This selective
application distorts the judgment's spirit and purpose,
effectively weaponizing it against employees who have
rendered indispensable services over decades.”
35. Mr.ARL. Sundaresan, learned Additional Solicitor General
however disputed the contentions raised. The learned Additional Solicitor
General stated that in the initial stage, only recommendations were made
which were not binding on the respondents. He also pointed out that the
respondents were only carrying out the directives of the Ministry of
Environment, Forests and Climate Change, Government of India. He
pointed out that the terms of the contract were clear and straightforward.
The petitioners have signed the contract with knowledge of the contents.
He stated that the contract was for a specific period. The petitioners can
never be called public servants or Government servants. A policy decision
had been subsequently taken to appoint by direct recruitment on regular
basis. The learned Additional Solicitor General further pointed out that
pending the Writ Petition, a decision had been taken to also permit the
petitioners to participate in the recruitment process. He stated that the
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petitioners cannot claim a right to continue in service particularly after the
expiry of the contract.
36. In this connection, the learned Senior Counsel placed reliance on
the Judgment of the Hon'ble Supreme Court reported in (2011) 15 SCC 16 [
Gridco Limited and another Vs. Sadananda Doloi and Others]. The
Hon'ble Supreme Court, while examining termination of contractual
appointments, had held that the termination was neither invalid, unfair and
discriminatory, nor required protective judicial interference against unequal
bargaining power. He further pointed out that the petitioners had not
alleged mala fide against any of the respondents.
37. The learned Additional Solicitor General placed reliance on the
Judgment of the Hon'ble Supreme Court reported in (2011) 15 SCC 16
[ Gridco Limited and another Vs. Sadananda Doloi and Others]. In that
particular case, the respondents had been appointed on contract basis for a
period of three years which was renewable for a period determined by the
Board or Committee of the Board. The learned Additional Solicitor General
further pointed out that it had been held as follows:-
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“24. It was contended that the decision to
terminate the contractual employment was not a fair and
reasonable decision having regard to the fact that the
respondent had performed well during his tenure and
the requirement of the Corporation to have a Chief
General Manager (HR) continued to subsist. In
substance, the contention urged on behalf of the
respondent was that this Court should reappraise and
review the material touching the question of
performance of the respondent as Chief General
Manager (HR) as also the question whether the
Corporation's need for a General Manager (HR) had
continued to subsist. We regret our inability to do so.
25. It is true that judicial review of matters that
fall in the realm of contracts is also available before the
superior courts, but the scope of any such review is not
all pervasive. It does not extend to the Court substituting
its own view for that taken by the decision-making
authority. Judicial review and resultant interference is
permissible where the action of the authority is mala
fide, arbitrary, irrational, disproportionate or
unreasonable but impermissible if the petitioner's
challenge is based only on the ground that the view
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taken by the authority may be less reasonable than what
is a possible alternative. The legal position is settled
that judicial review is not so much concerned with the
correctness of the ultimate decision as it is with the
decision-making process unless of course the decision
itself is so perverse or irrational or in such outrageous
defiance of logic that the person taking the decision can
be said to have taken leave of his senses. ”
38. The learned Additional Solicitor General further placed reliance
on the Division Bench Judgment of this Court in W.P.No. 35774 of 2023,
Judgment pronounced on 19.11.2024 wherein, it had been held that
judicial review could be exercised only if it is shown that the action of
employer was contrary to Constitution or Statutory Provisions. Specific
reference was made to the observations in paragraph No.23 which is as
follows:-
“(a) An employee has no right to claim that Rules
governing conditions of service should be for ever the
same as the one when he had entered services for all
purposes except for ensuring of safeguarding the rights
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and benefits already earned, acquired or accrued at a
particular point of time.
(b) The power of judicial review can be exercised
only if it is shown that action of the employer is
contrary to any constitutional or statutory provision or
is patently arbitrary or is vitiated due to malafides.
(c) The Court cannot sit in appeal over the
judgment of the employer and ordain that a particular
post or number of post be created or filled by a
particular mode of recruitment. ”
39. It was therefore urged that the Writ Petition should be dismissed.
40. I have carefully considered the arguments advanced and perused
the materials available on records.
41. All the writ petitioners had joined on contract basis with the
Salim Ali Centre for Ornithology and Natural History SACON, at
Coimbatore. They had joined on various dates. Their details are given
below:-
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Sl.No. Name Present Date of Age as Date of
Designation Birth on date Joining
1. Dr.P.R.Arun Senior 30.05.1971 53 years 12.10.2010
Principal
Scientist
2. Dr.Shomita Senior 01.12.1966 57 years 01.03.2010
Mukherjee Principal
Scientist
3. Dr.Rajah Jayapal Senior 16.09.1970 53 years 21.03.2012
Principal
Scientist
4. Dr.P.V.Karunakaran Senior 10.04.1965 59 years 19.03.2012
Principal
Scientist
5. Dr.Goldin Quadros Principal 18.04.1971 53 years 01.08.2011
Scientist
6. Dr.Manchi Shirish S Principal 17.01.1980 44 years 30.09.2009
Scientist
7. Dr.H.N.Kumara Principal 20.05.1972 52 years 01.03.2010
Scientist
8. Dr.S.Babu Senior 25.06.1980 44 years 23.05.2012
Scientist
9. Dr.Mahendiran. M Senior 29.07.1976 48 years 30.05.2011
Scientist
10. Dr.T.Ramesh Senior 30.07.1981 43 years 06.04.2017
Scientist
11. Dr.Riddhika Ramesh Senior 04.12.1986 37 years 17.05.2017
Scientist
12. Dr.Aditi Mukherjee Scientist 20.08.1988 36 years 17.07.2019
13. Dr.Ashutosh Singh Scientist 25.09.1986 37 years 07.06.2021
14. Dr.Vidyadhar Atkore Scientist 21.02.1981 43 years 14.06.2021
15. Mr.Aneesh K Finance Officer 28.09.1976 47 years 20.02.2012
Abraham
16. Mr.R.Jayakumar Administrative 04.02.1969 55 years 15.11.2006
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Sl.No. Name Present Date of Age as Date of
Designation Birth on date Joining
Officer
17. Mr.K.Mareeswaran Accountant 06.02.1991 33 years 01.07.2022
18. Mr.S.Patturajan Administrative 27.06.1977 46 years 13.11.2009
Assistant
19. Mr.R.Naresh Kumar Driver 06.01.1994 30 years 11.07.2022
20. Mr.N.Dinesh Kumar Attendant 04.01.1991 33 years 21.10.2019
42. Even before proceeding further, it would only be prudent to
examine the Memorandum of Association, Bye Laws and Rules of SACON.
43. SACON had been established in 1990 as a premier centre for
research, conservation and training in areas related to ornithology and
natural history. Since its inception in 1990, it had been recommended as a
Centre of Excellence under the Ministry of Environment, Forests and
Climate Change.
44. It is a Society registered under the Registration Act 1960. The
objects of the Society were to establish and develop a Centre of Excellence
in the field of Ornithology, Natural History and Biodiversity Conservation.
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It also aimed to develop and promote programmes and also entered into
agreements to preserve lands with significant Ornithology and Biodiversity
values and also to publish scientific literature.
45. In this connection, instructive reference could be made to Article
51-A of the Constitution which provides for Fundamental Duties to be
discharged by every citizen to this Country.
46. Article 51-A Fundamental Duties:-
“(a) ......
(b) ....
(c) .........
..........
............
(g) to protect and improve the natural
environment including forests, lakes, rivers and wild
life, and to have compassion for living creatures;
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(h) to develop the scientific temper, humanism and
the spirit of inquiry and reform; ”
47. It is thus seen that the objects of SACON are interlinked with the
Fundamental Duties as given in Part-IVA of the Constitution and there is a
duty embeded in every citizen to further the noble objects of SACON as it
is in direct alignment to protect and to improve natural environment
including forests, lakes, rivers and also to develop scientific temper.
48. It is to be noted that several of the writ petitioners have reached
great expertise in their respective fields. They have been recognised by the
Government. They have been given scholarships by the Government. They
have completed their Doctorate in their specialised fields of study and have
also been recognised to act as guides for aspiring Doctorate students.
49. SACON was a Society under the Ministry of Environment,
Forests and Climate Change and though Rules and Guidelines were framed,
recruitment, assessment and promotion of Scientists and Staff were
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determined only by SACON from time to time. There were sanctioned posts
of scientists including Director, Scientists, Senior Scientists, Principal
Scientists, Senior Principal Scientists, Director Level Scientists, Adjunct
Scientists and Visiting Scientists. There was a comprehensive staff strength
as provided under the Memorandum of Association, Bye Laws and Rules
which had been approved in the 19th Annual General Meeting and
Extraordinary General meeting of SACON Society held on 23.11.2009
under the aegis of the Ministry of Environment, Forests and Climate
Change. Thus, these posts were sanctioned posts. Owing to the fact that the
Society was a stand alone Society and dependent on funds being granted by
the Government of India, the Society could appoint their Scientists and
support staff only on contract basis. But however, the contract was not for
payment of salary on a fixed basis. The pay structure was in accordance
with the structure of any other Central Government employee. The
petitioners were appointed and extended with benefits of the 6 th Central Pay
Commission. The contract was only with respect to the tenure of service
and not with respect to protection of pay which was governed by the Central
Pay Commission Recommendations from time to time.
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50. They had been appointed pursuant to advertisements issued for
sanctioned posts on direct recruitment after due process of interview. The
offer of appointment letter had also been issued stating that regular pay
scale would be paid as per the 6th Central Pay Commission
recommendations. They were also granted permanent identity cards and
Service Books were also opened. With the introduction of the 7th Central
Pay Commission, the writ petitioners were also granted the benefits of the
same. The pay was revised and determined. The Scientists were also sent
on deputation to International Societies and Institutions. In effect SACON
was the face of this country so far as research in Ornithology was
concerned. In fact, it could also be said it was also the face of the
International community so far as Ornithology was concerned. The
Scientists were also guiding Ph.D students in their Doctorate assignments.
51. As a matter of fact, the first tenure appointment was made of the
Director in the year 1991, who on completion of 13 years and 7 months
retired on attaining the age of superannuation and retirement benefits such
as retirement gratuity, cash in lieu of encashment of leave CPF subscription
and all other emoluments were paid by SACON.
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52. The contracts of the Writ Petitioners were extended periodically.
The petitioners were also extended with the benefits of gratuity, medical
reimbursement, LTC, and pay and allowance such as dearness allowance,
house rent allowance, transport allowance, children education allowance,
leave encashment, annual increment and promotion and MACP. Service
books were also opened and periodically updated. The appointments of the
staff followed the norms and procedure of the Indian Institute of Science.
53. In this connection, it may also not be out of place to point out
that even WII appoints Scientists only on contract basis. Advertisements in
that regard are available on the website of WII even on this date.
54. The petitioners had been selected on the basis of a Selection
Committee after a selection procedure. They were appointed consequent to
advertisements issued for sanctioned posts.
55. In the contract, it had been provided that the appointments may
be terminated without assigning any reason by one month notice. It had
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also been however stated that it could also be extended on the basis of
performance.
56. A policy decision had been taken by the Ministry of
Environment, Forests and Climate Change to merge SACON at Coimbatore
with WII at Dehradun. The Ministry of Environment, Forests and Climate
Change had initiated a review of all Autonomous Bodies with a view to
further the aim of Minimum Government, Maximum Governance and
ensuring economical and efficient use of public funds. Out of 101
Autonomous Bodies reviewed, 61 had been recommended. Among the
Autonomous Bodies taken up for review, both SACON and WII coming
under the Ministry of Environment, Forests and Climate Change were also
included. In its report, on the analysis based on criteria and
recommendations, it had been stated that SACON had developed as an
esteemed organisation engaged in avian research and has popular appeal
through its Citizen Science Projects like the City Bird Atlas. It was
recommended that SACON should be merged with the regular activities of
the Ministry and its research and capacity building activities can be taken
within the present set up of the Ministry. Thus, the original policy was to
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merge SACON with the Ministry of Environment, Forests and Climate
Change. It was also observed that SACON conducts post graduate and
Ph.D., courses and creates the National Ornithology Data Base and
disseminates knowledge for the benefit of the community.
57. Consequent to the recommendations, as a matter of fact,
Scientists were also promoted in SACON. Their terms were also extended.
In furtherance of the recommendation to merge SACON with regular
activities of the Ministry, a further office Memorandum was issued on
23.06.2022 by the Ministry to the Director, in charge of SACON wherein it
had been stated as follows:-
“ No.19-2/2020-CoE
Government of India
Ministry of Environment, Forest and Climate Change
(Wetlands Division)
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Indira ParyavaranBhavan
Ali Ganj, JorBagh Road,
New Delhi – 100 003.
Office Memorandum
Subject: Merger of Salim Ali Centre for Ornithology & Natural
History (SACON) with regular activities of MoEFCC- reg.
Reference: OM.No.1/48/1/2018-Cab (Vol-II) dated 9th October, 2020
The undersigned is directed to refer to the Cabinet Secretariat OM
dated 09.10.2020 regarding Rationalization of Autonomous Bodies. DoE
has recommended the 'merger of SACON with regular activities of
MoEFCC and for its research and capacity building activities to be taken
up within the present set up of MoEFCC.
2. Hence, in compliance with the objective of rationalization of
institutions/autonomous bodies in the Government of India, it has been
decided to merge SACON with regular activities of MoEF & CC and its
research and capacity-building activities will be taken up within the present
set up of MoEF&CC.
3. Compliance may be ensured with immediate effect.
4. This issues with the approval of the Competent Authority.
[Raghu Kumar Kodali)
Scientist-F
Tel: 011-20819420
Email: [email protected]
To
Dr.S.Muralidharan
Director-in-charge
SACON
Coimbatore – 641 109.”
58. Thereafter, a Committee was constituted for merger of SACON
with WII. The office order was as follows:-
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“OFFICE ORDER
Sub: Constitution of Committee for merger of SACON with WII –
reg.
It has been decided by the Ministry that Salim Ali Centre for
Ornithology and Natural History (SACON) under this Ministry is to be
merged with Wildlife Institute of India (WII) and will function South India
Centre of WII looking after Avi Fauna, Aquatic Fauna and Wetland Eco-
system. In this regard, it has been decided to constitute a Committee to
facilitate this transfer process in a seamless and time bound manner as
under:-
i. Mr.Rakesh Kumar Jagenia, Deputy Inspector General (WL) –
Chairman
ii. Shri.Raghu Kumar Kodali, Scientist 'F' – Member
iii. Dr.K.Ramesh, Scientist, Scientist 'F' WII- Member
iv. Shri.Manoj Srivastava, Director (IFD) – Member
2. The Committee may take help from other Officers/Scientists/Staff
as decided by Chairperson and should ensure that this transfer should take
place within this Financial year 2022-2023.
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3. In case of any issue, it can be resolved in consultation with ADG
(PT) and JS (Wetland).
4. This has the approval of competent authority.”
59. The Committee then forwarded its report on 07.03.2023. With
respect to the staff, it had been stated that their categories are as follows:-
“(a) permanent with promotion avenue,
(b) tenure based with regular extension and promotion avenue,
(c) contractual staff with extension and
(d) project-based researchers, staff, etf.”
60. It was further observed as follows:-
“Therefore, amalgamating these positions with
the WII positions may have technical and financial
complications apart from inter-se seniority issues.”
61. It was finally recommended as follows:-
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“(iii) Faculty and Staff: Regardless of nature of
engagement in the SACON (permanent, tenure or
contract), all the positions have due approval of
Governing Council and 22 positions have the approval
of Department of Expenditure, Ministry of Finance. Not
only these engagement in the SACON are continued, but
promotions and/or increments are also provided and
thus, technically rendering the service more like
permanent. Therefore, the recruitment process,
promotions, and faculty composition (in terms of junior
to seniors) are significantly different from the WII. It is
recommended that the engagement of the incumbent
faculty and staff at the SACON may be continued on
those terms and conditions on which they were recruited
till they reach their superannuation. Further, the
original arrangement of fixed position for different levels
may be maintained and the promotion may be on
vacancy-based in different level to maintain the pyramid
and to balance financial implications. For this, the WII
may provide a way in its rules following due procedure
for various approvals. As and when the superannuation
of the tenured faculty and staff occurs, fresh recruitment
may be done as per the WII's present rules and
regulations with all avenues available to other
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employees of WII.”
62. It is thus seen that protection of service with continuation of
engagement was extended and also the condition that the staffs were
recruited till they reach the age of superannuation was affirmed. The details
of the employees with original appointment level at SACON were also
given.
63. Thereafter, an order was passed by the Ministry of Environment,
Forest and Climate Change, Government of India signed by the Joint
Secretary to the Government of India dated 25.04.2023 relating to the
merger of SACON with WII. With respect to faculty and staff, it had been
ordered as follows:-
“iii Faculty and Staff: As the proposal of merger
has emanated from the issue of dis-engagement of
SACON, all the permanent positions of SACON have
ceased since the d of dissolution of society of SACON.
Hence, the only solution is to merge the permanent staff
of SACON with the staff strength of WII and they should
be treated as permanent staff of WII from the date of
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merger and appropriate seniority be fixed vis-avis the
existing employees of WII. In case of any conflict of
interest, the issue should be flagged to ADG(WL) whose
decision should be final. Regarding contractual staff
Director, WII should take a call on their continuation
post-merger as per the existing contract.”
64. It is thus seen that it had been ordered that the only solution was
to merge the permanent staff of SACON with the staff of WII and they
should be treated as permanent staff of WII from the date of merger and
appropriate seniority fixed vis-a-vis the existing employees of WII.
65. This is a categorical statement and not just a recommendation but
an order of the Joint Secretary to the Government of India, Ministry of
Environment, Forest and Climate Change. This granted protection to the
writ petitioners of their service conditions.
66. Thereafter, the Governing body meeting of WII was held on
09.04.2024 and with respect to the Agenda relating to merger of SACON
with WII, the following decision had been taken:-
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“Agenda Item No.9: Merger of SACON with
WII
It was informed that the Gol, MoEFCC had
issued the order for the merger of SACON with WII on
25.04.2023 which is effective from 01.04.2023. Most of
the scientists and staff of SACON have been working on
a tenure basis for many years although recruited
against approved vacancies on a Direct Recruitment
(DR) basis, following the due procedures laid down by
the Rules of SACON. Their pay and other allowances
have been fixed and revised from time to time with
benefits of DA, HRA, TA, Annual increments, MACP,
Leave and Leave encashment, LTC, Gratuity etc and
now they have requested regularisation and
permanency. Therefore, the proposals were submitted
for:
i. Formalizing the merger of SACON with WII
and transfer of Officials From WII to SACON and vice-
versa.
ii. Regularisation of Tenur officials as
permanent staff, promotion approval of Dr.S.Babu as
proposed RAPC of SACON w.e.f 18.04.2022, Tenure
extension, promotion and probation confirmation of
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SACON Officials by WII-ISAPC, consideration of OPS
to permanent officials of SACON appointed before
01.01.2004, shifting of SACON employees (joined on or
after 01.01.2004) from CPF to NPS, regularisation of
tenure of officials whose tenure had expired or pending
extension due to merger of SACON with WII.
Decision: After detailed deliberations, the GB
approved the merger of SACON with WII. For other
issues of SACON officials, the GB decided that a Sub-
Committee under the Chairmanship of AS and FA will
be formed which will examine the matter.”
67. The Subcommittee was constituted to look into the issues of
merger of SACON with WII. The members of the Sub Committee were as
follows:-
“1. Sh.Pravir Pandy - Chairman
Additional Secretary & Financial Advisor, MoEF&CC
2. Sh.R.Raghu Prasad - Member
Inspected General of Forests (WL), MoEF &CC
3. Sh.Virendra R.Tiwari - Member Secretary
Director, WII
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4. Sh.Rakesh Kumar Jagenia - Special Invitee
Deputy Inspctor General of Forests (WL),
MoEF &CC
5. Sh.P. Pramod - Special Invitee
Scientist-F, SACON”
68. The terms of reference of the Committee were as follows:-
“ . Issue of regularization and permanency of
tenur-based employees of SACON
• Issue of promotion, tenure extension, and
probation confirmation of SACON employees
• Terms and Conditions for transfer of employees
from WII to SACON and vice-versa
• Consideration of Old Pension Scheme (OPS) for
SACON employees who were appointed before
01.01.2004
• Shifting from CPF to NPS of those SACON
employees who had joined on or after
01.01.2004”
69. It was directed that the Sub Committee must submit a report to
the Chairman, Governing Body and Secretary, Ministry of Environment,
Forest and Climate Change, Government of India by 31.7.2024.
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70. It was at that stage that the writ petition came to be filed.
71. Pending the Writ Petition, the 73rd Governing Body Meeting of
the WII was held on 03.09.2024 and with respect to the issue of
regularization and permanency of tenure based contractural employees of
SACON, it had been decided as follows:-
“(B) Issue of regularisation and permanency of
tenure based contractual employees of the SACON
(i) Post-facto approval for tenure extension to six
scientists be given whose tenure have already been
expired.
The Scientists whose contract period has already
ended (Six) or is about to end (Three) in FY 2024-2025,
it was proposed to extend their contractual period upto
31.03.2025 i.e., end of the current financial year. Fresh
advertisements for direct recruitment in against their
posts will be made.
Decision: The GB gave post-facto approval for
extension of contractual period of Scientists upto
31.03.2025 as follows:-
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(a) Six scientists whose contractual period has
already expired. (b) Three scientists whose
contractual period is about to expire in FY 2024-25.
(ii) The scientists whose contract period extends
beyond FY 2024-2025 (Five) in all such cases, the
contractual period was proposed to remain the same as
mentioned in their prior contract. Fresh advertisements
for direct recruitment against their posts will be made.
Decision: The GB approved the proposal for
contractual period for scientists (Five) up to 30.06.2026
whose contractual period extends beyond 2024-25.
(iii) The scientists who are above the age of 50
years (Five) and employed at the level of Scientist-F/E,
considering their long experience and minimal future
prospectus; it was proposed to hire them as single
source consultants on consolidated emoluments in the
future with the approval of competent authority (as per
MoEF & CC Guidelines), if required, after work
assessment.
Decision: For the five scientists above the age of
50 years, the GB recommended to advertise the post up
to level of Scientist-F with the age relaxation up to 5
years in their case and also give weightage to them in
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direct recruitment after obtaining due approval from
Department of Expenditure and DoPT.
(iv) For Administrative Staff (i) whose contract
period is about to end in the FY 2024-2025 (Three), it
was proposed to extend contract period of two
employees upto 31.03.2025 and in case of Finance
Officer upto 30.06.2025, considering that compilation of
Annual Accounts of SACON for Financial Year 2024-25
are to be completed by June, 2025. (ii) In the case of
administrative staff whose contract period extends
beyond FY 2024-2025 (Three) – in all such
circumstances, the contractual period was proposed to
remain the same as mentioned in their prior contract.
Following that, the job requirements will be assessed,
and a decision will be taken regarding their employment
as consultants or whether to fill up the positions through
deputation, direct recruitment or outsourcing.”
72. In the meeting, the impact of the Judgment of the Hon'ble
Supreme Court in the matter of Uma Devi was also considered and it was
stated as follows:-
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“The member Secretary further mentioned the
Judgment of the Hon'ble Supreme Court in the case of
Uma Devi regarding “regularisation of qualified
workers against sanctioned posts” and DoPT OM dated
07th October 2020 on the matter. It was informed that the
appointment of erstwhile SACON contractual employees
is neither illegal nor irregular, as all these employees
have been appointed against the sanctioned posts after
due procedure and are having required essential
qualification. However, the cut off date mentioned in he
said OM is 10.04.2006. Hence, prima-facia it appears
that the said Judgment is not applicable in case of
erstwhile SACON contractual employees.”
73. As a matter of fact, as stated above the Judgment in Secretary
State of Karnataka and Ors. Vs. Uma Devi, reported in (2006) 4 SCC 1
was subsequently considered in 2024 SCC OnLine SC 3826 [ Jaggo Vs.
Union of India and Ors.], and the Hon'ble Supreme Court had held as
follows:-
“25. It is a disconcerting reality that temporary
employees, particularly in government institutions, often
face multifaceted forms of exploitation. While the
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foundational purpose of temporary contracts may have
been to address short-term or seasonal needs, they have
increasingly become a mechanism to evade long-term
obligations owed to employees.”
74. However, consequent to the decision of the 73rd Governing Body
Meeting of WII, letters had been issued to the writ petitioners that their
contract is extended only upto 31.03.2025. This Court had protected
continuation of service by an interim order.
75. The learned Additional Solicitor General however placed
reliance on the Judgment of the Hon'ble Supreme Court reported in (2011)
15 SCC 16 [Gridco Ltd., and another Vs. Sadananda Doloi and Others],
wherein the issue of contractual appointment was examined and termination
of contractual appointment was also considered and it had been held that the
termination was neither invalid, unfair and discriminatory and does not
require protective judicial interference.
76. In (1993) 1 SCC 71 [ Food Corporation of India Vs. M/s.
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Kamdhenu Cattle Feed Industries], the Hon'ble Supreme Court had held
as follows:-
“8. The mere reasonable or legitimate expectation of a
citizen, in such a situation, may not by itself be a distinct
enforceable right, but failure to consider and give due
weight to it may render the decision arbitrary, and this is
how the requirement of due consideration of a legitimate
expectation forms part of the principle of non-
arbitrariness, a necessary concomitant of the rule of law.
Every legitimate expectation is a relevant factor
requiring due consideration in a fair decision-making
process. Whether the expectation of the claimant is
reasonable or legitimate in the context is a question of
fact in each case. Whenever the question arises, it is to
be determined not according to the claimant's perception
but in larger public interest wherein other more
important considerations may outweigh what would
otherwise have been the legitimate expectation of the
claimant. A bona fide decision of the public authority
reached in this manner would satisfy the requirement of
non-arbitrariness and withstand judicial scrutiny. The
doctrine of legitimate expectation gets assimilated in the
rule of law and operates in our legal system in this
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manner and to this extent. ”
77. It is thus seen that the Hon'ble Supreme Court had examined
legitimate expectation which may not be a distinct enforceable right but
failure to consider and give due weightage may render a decision arbitrary.
78. In the instant case, the respondents have failed to consider the
expertise, skill and knowledge of the petitioners in their respective fields.
The respondents have failed in their duty to develop scientific temper. They
must recognise the services of the petitioners and must grant protection of
tenure of service.
79. It had been argued by the learned Additional Solicitor General
that the contract under which the petitioners were employed spoke for itself
and there could be no different interpretation to the terms of the said
contract.
80. In (1991) 1 SC 212 [ Kumari Shrilekha Vidyarthi and Others
Vs. State of U.P., and Others], the Hon'ble Supreme Court examined State
action against persons holding posts of public nature such as District
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Government Counsel and whether judicial review is attracted on the anvil of
Article 14 of the Constitution.
81. In paragraph No.13, the Hon'ble Supreme Court noted the
argument of the Additional Advocate General that the appointment of a
District Government Counsel is only a professional engagement terminable
at will on either side and not an appointment to a post under the
Government. The actual words of the Hon'ble Supreme Court are as
follows:-
“ 13. .......In our opinion, this provision has to be
read not in isolation, but in the context in which it
appears and along with the connected provisions,
already referred to. The expression ‘professional
engagement’ is used therein to distinguish it from
‘appointment to a post under the government’ in the
strict sense. This, however, does not necessarily mean
that a person who is not a government servant holding a
post under the government does not hold any public
office and the engagement is purely private with no
public element attaching to it. This part of clause (3) of
para 7.06 means only this and no more. The other part
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of clause (3) which enables the government to terminate
the appointment ‘at any time without assigning any
cause’ can also not be considered in the manner
suggested by the learned Additional Advocate General.
The expression ‘at any time’ merely means that the
termination may be made even during the subsistence of
the term of appointment and ‘without assigning any
cause’ means without communicating any cause to the
appointee whose appointment is terminated. However,
‘without assigning any cause’ is not to be equated with
‘without existence of any cause’. It merely means that
the reason for which the termination is made need not to
be assigned or communicated to the appointee.”
82. This argument of the learned Additional Advocate General was
given in the following manner in the very same paragraph by the Hon'ble
Supreme Court:-
“13. The learned Additional Advocate General
contended that clause (3) of para 7.06 says that the
appointment of a District Government Counsel is only
professional engagement terminable at will on either
side and not appointment to a post under the
government; and the government has the power to
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terminate the appointment at any time ‘without
assigning any cause’. He contended that this power to
terminate the appointment at any time without assigning
any cause and the clear statement that the appointment
is only professional engagement terminable at will on
either side is sufficient to indicate that the relationship is
the same as that of a private client and his counsel.”
83. It is thus seen that though there could be a term that the contract
is severable on expiry of a particular tenure, it is the entire contract which
has to be examined since it also provides that it can be extended on
examination of performance. The only reason on which the contract could
be terminated would be lack of performance to the expected level. The
reasons to this extent must exist and only then could the contract to be
terminated.
84. As stated by the Hon'ble Supreme Court, the expression at any
time would only indicate that the contract could be terminated at any time
within the stipulated tenure mentioned in the contract. The further terms
without assigning any cause would only mean without communicating any
cause to the appointee but without assigning any cause would not mean
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without existence of any cause. Therefore, there must be existence of a
cause to terminate the contract and that existence must be breach of terms
of the contract. If there had been no breach, there cannot be termination of
the contract at will. This has to be read in conjunction with the Judgment in
Food Corporation of India (1993) 1 SCC 71 referred supra wherein it had
been held that legitimate expectation may not be a distinct enforceable right
but failure to consider it would render the decision arbitrary.
85. Therefore, the decision taken by the Governing Body to terminate
the contract cannot withstand the judicial scrutiny.
86. However, it is also seen that the petitioners have not impleaded
the Ministry of Environment, Forests and Climate Change which is the
Administrative Ministry of the respondents. It is not known why the
petitioners have chosen not to implead the said Ministry. They are a
necessary party and the ultimate deciding authority relating to the service
conditions of the petitioners. Even pending the writ petition, the decision of
the 73rd Governing Body of WII dated 03.09.2024 had come to the
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knowledge of the petitioners and an additional affidavit had also been filed
by the petitioners. Still, that decision had not been challenged. By that
decision, some protection has been actually afforded to the petitioners.
87. In view of that intervening circumstance, it can only be stated
that the respondents will necessarily have to extend the contract period of
the petitioners and the petitioners would have to be given an opportunity to
submit necessary representations in view of the decision of the 73rd
Governing Body of WII and express whether they abide by the decision
taken therein or question it in manner known to law. There has been no
application filed seeking amendment of the relief sought.
88. The relief sought is for a Mandamus to regularize and confirm
the petitioners till they attain the age of superannuation. But since a
decision had been taken pending the Writ Petition in the 73rd Governing
Body meeting of WII, protection of service could be extended only till
reasonable opportunity is granted to the petitioners to examine whether to
abide by that particular decision and if they do, they can fall within the
parameters of the said decision and if they do not, they will have to take it
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up in manner known to law. The service conditions of the petitioners are
protected and they are given a period of three months from this date to
exercise their option to either abide with the said decision or to challenge
the same in manner known to law. Till the expiry of three months from this
date, the service of the petitioners shall be protected.
89. The Writ Petitions stand disposed of. Consequently, connected
Miscellaneous Petitions stand closed. No order as to costs.
30.04.2025
vsg
Index: Yes/No
Internet: Yes/No
Speaking / Non Speaking Order
To
1. The Director
Wildlife Institute of India
Chandrabani
Dehradun
Uttarakhand – 248 001.
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2. The Director
WII-SACON
Salim Ali Centre for Ornithology and Natural History
South India Centre of Wildlife Institute of India
Anaikatty Post, Coimbatore – 641 108.
C.V.KARTHIKEYAN, J.,
vsg
Pre-Delivery Order made in
W.P.Nos. 25621, 26081, 25968, 26085, 26093, 25961, 26089, 26088,
25939, 25966, 25935, 25930, 25964, 25959, 25648, 25644, 25632, 25627,
25929 & 25936 of 2024
And
W.M.P.Nos. 27976, 28486, 28351, 28493, 28500, 28343, 28496, 28495,
28310, 28348, 28307, 28301, 28346, 28341, 28015, 28007, 27992, 27986,
28305 & 28308 of 2024
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And
W.M.P.Nos. 4118, 4268, 4267, 4123, 4119, 4266, 4116, 4115, 4269, 4271,
4270 & 4114 of 2025
30.04.2025
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