A Bench of Central Administrative Tribunal (CAT) Jammu comprising Rajinder Singh Dogra (Member Judicial) and Ram Mohan Johri (Member Administrative) has restrained the Skill Development Department from replacing/substituting the applicant by another set of contractual appointee or by transferring regularly recruited Vocational Instructor in the Trade of Stenographer & Secretarial Assistant (English) in ITI, R S Pura from one institution to another till post held by the applicant on contractual basis in the academic arrangement is filled up by the competent authority——J&K Services Selection Board on regular/substantive basis.
The applicant – Priyanka Gupta, on satisfying the eligibility & qualification, as per the advertisement Notification dated July 14, 2022, issued by the Superintendent Industrial Training Institute, Kathua, and after undergoing the process of selection, was placed in the Select List on the basis of the uniform screening test and consequentially came to be appointed as Vocational Instructor in the Trade of “Stenographer & Secretarial Assistant (English)” in ITI, Kathua for academic session 2022-2023 and again Vide Notification dated August 17, 2023, issued by the Superintendent ITI, R S Pura, was appointed as Vocational Instructor in ITI, R S Pura, against a clear and available vacancy, on the approval of the Skill Development Department.
She challenged the process of inviting applications from the candidates for filling up of post on contractual basis in the academic arrangement after disengaging her services.
Dewakar Sharma, Deputy Advocate General, on behalf of UT & other respondents, submitted that the applicant is neither ad hoc nor contractual employee of the respondents’ department. Since the engagement of the applicant is limited to delivering a specific number of lectures during the current academic year as guest faculty for a specific honorarium, therefore, is not entitled to the benefit of continuity until regular appointments is made by the Government.
CAT observed, “it is a settled principle of law that an ad hoc employee cannot be replaced by another ad hoc employee and he can be replaced only by another candidate who is regularly appointed by following a regular procedure prescribed”.
