Mukhaddis.M.V & Ors. vs Director, Department Of Environment & Forest & Ors.

The applicants claimed to be Trained Coral Monitoring Staff engaged by the respondents on the basis of engagement letter produced as Annexure R1(b). Claiming that they were illegally disengaged in the month of May, 2021 by the 3^rd respondent, they submitted a representation as Annexure A1, which was not considered by the respondents. Aggrieved by it, they have approached this Tribunal.

A detailed reply statement was filed by the respondents wherein, it was contended that the applicants were engaged on the basis of a Memorandum of Understanding between the Department of Environment and Forest, Lakshadweep Administration and Zoological Survey of India, Marine Biology Regional Centre, Chennai for the Long Term Coral Monitoring Programme in Lakshadweep. The Memorandum of Understanding was produced as Annexure R1(a). As per the Memorandum of Understanding, the completion period is 10 years from 2015 or until 2025 or 10 years from the date of signing the MoU in 2015. According to the learned Standing Counsel for the respondents, in accordance with the above, call letter was issued as Annexure R1(b). As part of financial constraints and that since permanent employees are engaged, the engagement was brought to an end by giving them appropriate notice.

Further, the respondents contended that it was a temporary engagement and since adequately trained uniformed permanent staff available in the administration, their services are no longer required. It was contended that the applicants were engaged for a specific purpose on the basis of a programme and their services are no longer required .

Having heard the learned Counsel for the applicant and the learned SPC, I am inclined to direct the competent authority among the respondents to pass appropriate orders on Annexure A1 representation and that in case of any future requirement of such hands, applicants may also be considered, having regard to their experience, along with other candidates.

Accordingly, the O.A is disposed of. No costs.

Annexure A1- A true copy of the representation dated 24.07.2021 preferred before the 3^rd respondent.

Annexure A2- A true copy of the representation dated 24.07.2021 preferred before the 4^th respondent.

Annexure A3- A true copy of the representation dated 26.06.2022 preferred before the 3^rd respondent.

Annexure A4- A true copy of the representation dated 26.06.2022 preferred before the 4^th respondent.

Annexure A5- A true copy of the Memorandum of Understanding between the Department of Environment & Forest and zoological Survey of India for a period of 10 years.

Annexure A6- A true copy of the minutes of the First meeting of the steering committee conducted meeting on Conservation and Management of Coral Reefs in Lakshadweep- Long term Monitoring Program in Lakshadweep Reefs dated 27.10.2016 in F No.6/2/2014-E&F.

Annexure A7- A true copy of the minutes of the second meeting of the steering committee conducted meeting on Conservation and Management of Coral Reefs in Lakshadweep- Long term Monitoring Program in Lakshadweep Reefs dated 25.03.2019 in F No.6/2/2014-E&F.

Annexure A8- A true copy of the office note prepared by the Department of Environment and Forest in F No.6/2/2014-E&F.

Annexure R1(a)- True copy of the letter No.F.1-9/2021-22/Esstt/13 dated 28.02.2022.

Annexure R1(a)- True copy of the memorandum of understanding.

Annexure R1(b)- True copy of the Employment notice.

Annexure R1(c)- True copy of the Memorandum No.F.1-4/2015-16/Estt./ dated 28^th March, 2016.

Annexure R1(d)- True copy of the notice of disengagement.