COUNCIL OF SCIENTIFIC AND INDUSTRIAL RESEARCH AND ORS. versus DR. AJAY KUMAR JAIN

Citation: [2000] 2 S.C.R. 839 · Decided: 31-03-2000 · Supreme Court of India · Bench: D.P. WADHWA · Disposal: Case Partly allowed

Judgment (excerpt)

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COUNCIL OF SCIENTIFIC AND INDUSTRIAL RESEARCH AND ORS. 
A 
v. 
DR. AJAY KUMAR JAIN 
MARCH 31, 2000 
[D.P. WADHWA AND RUMA PAL, JJ.] 
Service Law-Period of Extension of service-Fixation. of-Arbitrari-
ness-A few months after the expiry of his tenure as Pool Officer under the 
Scientists' Pool Scheme, the respondent being appointed as Scientist Fellow 
under the "Scheme of Quick Recruitment of Scientists (Fellows) for Major 
Projects".-("Quick Hire Scheme")-Such appointment on contract for a 
period not exceeding three years and tenninable by a notice of three months 
from either side-Initial appointment of the respondent for one year-
Subsequent extension of the Contract for a further period of Six months only-
Legality of-Held, this action of the appellants on the face of it seems to be 
rather arbitrary-Such extension could not be held to mean an exercise of the 
employer's option to tenninate the services by three months notice-In the 
circumstances, Tribunal was right in holding that the respondent would have 
continued for a full tenn of three years under the Quick Hire Scheme and that 
the respondent was entitled to emoluments for a period of three years from the 
B 
c 
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dale of his appointment as Scientist Fellow under the saidscheme-Consti-
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tution of India, I950-Article I4. 
Regularisation-Entitlement to-Tribunal directing the appellants to put 
the respondent on duty as Scientist Fellow as if he was not turned out on the 
basis of time limit and to regularise his services-Tenability of-Held, appoint-
ment <is Scientist Fellow under the Quick Hire Sche_me cannot be understood 
F 
to mean regular appointment under the relevant recruitment rules applicable to 
Council of Scientific and Industrial Research or to bodies under its control-
Employment under the QuickHire Scheme was on contract and a mere place-
ment as Scientist Fellow and not appointment in the sense in which this tenn 
is used in service law. 
Fixation of the salary of the respondent as Scientist Fellow under Quick 
Hire Scheme at Rs. 3400-His salary as Pool Officer under the Scientists' Pool 
Scheme was Rs. 3737-By Protection-Justification of-Held, when Quick 
Hire Scheme envisaged an emolument between rupees three to four thousand, 
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there does not appear to be any sound reason for the Selection Committee to 
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839 
840 
SUPREME COURT REPORTS 
[2000] 2 S.C.R. 
A 
recommend pay of the respondent @Rs. 3400 and not at Rs. 3737-Decision 
of the Selection Committee in recommending lower emoluments being not 
informed with proper reason-Direction of the Tribunal that the respondent be 
paid @ Rs. 3737 per month while working as Scientist Fellow under the Quick 
Hire Scheme, upheld. 
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c 
Sala1y-Arrears of-Respondent continuing to work as Pool Officer 
under the Scientists' Pool Scheme despite expiry of his fixed period in the hope 
of getting extension till he was selected Scientist Fellow under the Quick Hire 
Scheme without there being any order in his favour respecting that period-
Tribunal holding that the respondent was entitled to emoluments for such 
period when his appointment as Pool Officer ceased till his subsequent engage-
ment as Scientist Fellow-Justifiability of-Held, award of emoluments for 
such period appears to be rather in-egular-However, order of the Tribunal in 
this regard not disturbed being outside the scope of leave granted. 
A Scientists' Pool Scheme was formulated by the Central Govern-
D 
ment in consultation with the appellant-Council of Scientific and Indus-
trial Research, envisaging a Pool for temporary placement of well quali-
fied Indian scientists and technologists returning from abroad until they 
were absorbed in suitable posts on more· or less permanent basis. The 
respondent was given placement as Pool Officer. The Maximum period 
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for which a person could be appointed as Pool Officer was three years. 
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Af~er the expiry of the stipulated term of three years as a Pool 
Officer, the respondent was selected for appointment under "Scheme of 
Quick Recruitment of Scientists (Fellows) for Major Projects", ("Quick 
Hire Scheme") after a gap of few months. The ~ppointment under the said 
Scheme was to be on contract for a period not exceeding three years, 
which could be terminated by notice of three months from either side or 
three months' emoluments in lieu thereof. The said scheme prescribed 
different levels of emoluments depending upon the qualification etc. of the 
scientist to be appointed.

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