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2002 DIGILAW 250 (GAU)

Farid Uddin Barbhuiya v. Union of India and Ors.

2002-06-12

D.BISWAS

body2002
D. BISWAS, J- This petition has been filed by the writ petitioner praying for directions calling upon the respondent No. 4 to allow the petitioner to continue with his service as Casual Steno-cum-Typist in the News Division of the North-East English New Bulletin, Doordarshan Kendra, Guwahati on payment of usual wages. 2.1 have heard Mr J. Abeddin, learned counsel for the writ petitioner and also Mr C. Choudhury, learned senior CGSC. 3. The Doordarshan Kendra, Guwahati started broadcasting news bulletin in English from the month of March, 1997. The case of the petitioner is that he was appointed as a Steno-cum-Typist in the News Division from time to time and he continued as such till May, 2000 when he was directed by the respondent No. 4 not to attend his duty from June, 2000. Aggrieved thereby, the petitioner" has" approached this Court praying for the reliefs quoted hereinbefore. 4. The respondents filed affidavit-in-opposition in which they have denied the claim of the writ petitioner for continuance as a Casual Steno-cum-Typist on payment of usual wages on the ground that he was appointed for a period not exceeding 10 days from time to time and he discharged his duties only during the period for which he was appointed. According to them, the petitioner was not in uninterrupted service and the appointment being contract in nature, the petitioner has no enforceable right to claim continuity in service. It has been further pleaded that the appointment on causal basis is being made by the respondent authorities as per office memorandum dated October 10, 1997 issued by the Controller of Programme, Prasar Bharti, New Delhi. 5. Copies of the appointment/ engagement orders have been annexed with the writ petition as Anenxure-9 and 10. One of the orders is quoted below: "Dear, We invite you to take part in the actor capacity of performer of the production to producer be telecast as detailed below upon the conditions printed overleaf. We shall be obliged if you will kindly sign and return attached confirmation sheet duly completed, within three days of the date of this letter: Title "To work as Casual Steno-cum-Typist for NE News" Date of Duty : 1 to 10.7.98 Time to telecast As req. Duration As req. Place of Telecast DDK, Guwahati. Fee Rs.2000/- (Rupees two thousand) only. @ Rs.200/- (per day). Duration As req. Place of Telecast DDK, Guwahati. Fee Rs.2000/- (Rupees two thousand) only. @ Rs.200/- (per day). Yours faithfully, Sd/- Doordarshan Kendra For and on behalf of the President of India To, F.A. Borbhuiya C/o. A.B. Choudhury, Advocate, Hedayatpur, Ghy-3." 6. It would appear from the aforesaid engagement/appointment order that the petitioner was invited to work as Casual Steno-cum-Typist for 10 days only on payment of Rs.200/- per day. Annexures-9 and 10, on the face of it do not show any continuity in service. It appears that as and when required the respondent authority used to engage Casual Steno-cum-Typist in their establishment on remuneration of Rs.200/- per day. Obviously, there is no sanctioned post of Steno-cum-Typist against which permanent appointment could be made by the authority concerned. 7. Annexure-7, a certificate issued by the Joint Director (News) further clarifies the position of the writ petitioner. The certificate clearly shows that he was appointed on contract basis for 10 days in a month. In the absence of a regular post and continuity in service, particularly when the engagement was on a casual basis, this Court is unable to issue any mandamus calling upon the respondents to allow the writ petitioner to continue'in service as a casual employee. Hence, the direction sought by the writ petitioner cannot be issued by this Court. 8. Considering the credentials filed by the writ petitioner and the fact that he had served the Doordarshan Kendra from time to time for about 3 years, this petition is disposed of with a direction to the respondent No. 4 to consider the case of the writ petitioner at the fet instance as and when casual engagements are made as per policy decision referred to above. 9. Before parting with the record, this Court feels it imperative to issue further direction to the respondents to examine as to whether they require the services of Steno-cum-Typist on regular basis for the News Division and if so, they may move the appropriate authority for creation of post and fill it up after advertisement in accordance with the provisions of law.