Complete recruitment of beldars in two months, CAT directs UT

The Chandigarh Bench of the Central Administrative Tribunal (CAT) has quashed the order whereby the advertisement for the recruitment of sanitary beldar has been cancelled and ordered the Director, Health Services and Assistant Director (Health), Malaria, UT, to complete the recruitment process within two months.

The Tribunal has passed the order in an application filed by six applicants under Section 19 of the Administrative Tribunal Act, 1985.

In the application, they prayed before the Tribunal to quash the order vide which the advertisements for the post of sanitary beldar has been cancelled on administrative grounds.

They challenged the decision of the respondents whereby they have decided to outsource the regular vacancies of sanitary beldar on the plea that the Punjab Government has taken a decision to outsource Group D posts.

The applicants said the Health Department has been running the National Vector Borne Disease Control Programme and for which sanction of the posts of seasonal sanitary beldars on year-to-year basis for a period of six to eight months is issued every year and the incumbents are appointed to carry out anti-malaria work.

They said the UT Administration is having 80 sanctioned posts of seasonal sanitary beldars, sanctioned on a year-to-year basis.

All the applicants were initially engaged in 2000-02 who continued performing their duties on six-month basis up to November 30, 2011.

Every year there used to be formal interviews and they were re-engaged. Last duty performed by the applicants were up to November 30, 2011, and they were not selected for 2012 presumably on the ground that they have crossed the age limit.

Later on, the respondents issued advertisements in 2013 for 40 posts of sanitary beldars. However, the claim of the applicants was not considered on the ground that they failed to fulfil the age criteria. Consequently, the applicants moved the CAT, which directed the respondents to consider the applicants by giving age relaxation to the extent of service rendered by them in the department as seasonal sanitary beldars.

Subsequently, the department took the plea that the Punjab Government has outsourced Class IV jobs in 2011 and the Central Government has also outsourced.

Consequently, they withdrew the advertisement issued for the post of sanitary beldars. Respondents have contested the claim of the applicants by taking the plea that the Finance Department has ordered outsourcing. The counsel of the applicants argued that if a post is governed by the statutory Recruitment Rules, it cannot be outsourced as outsourcing is not source of recruitment and as such, the post has to be filled up according to the statutory requirement.

After hearing of the arguments, the Tribunal said the recruitment rules of the post of sanitary beldar do not provide for recruitment through outsourcing and the present case is covered by the judgment passed by the Allahabad High Court in the matter of Ravendra Singh and Ors.

In view of this the present Original Application is allowed. The impugned order whereby the advertisement qua the filling up of the post of sanitary beldar has been cancelled is hereby quashed and set aside. The respondents are directed to complete recruitment process initiated vide advertisement and to consider only those persons who had applied in response thereto and in case the applicants are found suitable, they be offered appointment accordingly. The relevant exercise will be carried out within two months from the date of receipt of a copy of this order.