Tribunals and CommissionsDivision Bench(2021) 07 CAT CK 0496

Smt. Raj Kumari & Ors. vs Prasar Bharti

Central Administrative Tribunal, New Delhi · Decided on 1 July 2021

HON’BLE JUDGES
L. Narasimha Reddy, Chairman · Aradhana Johri, Member (A)
CASE NUMBER
O.A. No.819/2021

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Judgment

7 paragraphs · 339 words

Justice L. Narasimha Reddy:

The applicants claim that they are working as Data Entry Operators (DEO) on contractual basis for the past about 14 years in the Prasar Bharati (PB). They filed this OA with a prayer to direct the respondents to regularize their services with effect from the date of their initial appointment, and to continue them further.

2.

The applicants contend that they were issued Identity Cards from time to time and were also assessed about performance. Placing reliance upon a Circular dated 11.01.2021, they claim the relief of regularization. The OA was listed earlier and an objection was raised as to the very maintainability of it.

3.

Today, we heard Shri Pramod Kr. Sharma, learned counsel for the applicants and Shri S. M. Arif, learned counsel for the respondents.

4.

The applicants no doubt claim that they are working in PB as DEO for the past 14 years on contract basis. A serious objection is raised stating that the applicants were never engaged by the PB. The applicants filed an order dated 10.07.2013 as Annexure A-3. A perusal thereof discloses that the DEOs engaged through M/s Scotland Services & Contract, New Delhi were directed to report to skill test on 19.07.2013. It only shows that the work of Data Entry Operations was entrusted to an outsourcing agency and that, in turn, engaged persons like the applicants. We repeatedly asked the learned counsel for the applicants to show some proof or the other to indicate that the applicants were engaged by the PB. Nothing is forthcoming.

5.

Reliance is placed upon the orders of assessment of work said to have been made by the officials of the PB. That may, at the most reflect the method of functioning of the applicants during their work. It is far from saying that the applicants were employed by the PB.

6.

Under these circumstances, we do not find any basis to grant the relief to the applicants. The OA is accordingly dismissed. There shall be no order as to costs.