Delhi High Court - Orders
Ashok Kumar & Ors vs S C L Dass & Ors on 19 April, 2022
Author: Subramonium Prasad
Bench: Subramonium Prasad
$~54
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CONT.CAS(C) 980/2016 & CM APPLs. 37959/2017, 2253/2018,
45838/2018, 42931/2019, 49457/2019, 23229/2020 & 20712/2021
ASHOK KUMAR & ORS ..... Petitioner
Through: Mr. Narender Kaushik, Mr. Pankaj
Kaushik, Advocates
versus
S C L DASS & ORS ..... Respondent
Through: Mrs. Avnish Ahlawat, SC GNCTD
with Mr. Neeraj Pal Singh, Advocate
Mr. Rajesh Gogna, CGSC with Ms.
Priya Singh, Advocate
Mr. Shankar Raju and Mr. Nilansh
Gaur, Advocates for Respondents No
4 & 5.
CORAM:
HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
ORDER
% 19.04.2022
1. The instant contempt petition has been filed for non-compliance of the order dated 06.11.2013 passed by the Division Bench of this Court in W.P.(C) 6798/2002 & W.P.(C) 8093-8102/2003. Relevant portion of the said order reads as under:
"22. Accordingly, we issue another direction and simultaneously dispose of the two writ petitions. The direction would be that the Government of NCT Delhi would carry out a manpower requirement assessment in all its departments keeping in view the fact that the population in Delhi has crossed 1.7 crore persons. Such number of posts shall be sanctioned as are necessary to Signature Not Verified Digitally Signed CONT.CAS(C) 980/2016 Page 1 of 4 By:SHAZAAD ZAKIR Signing Date:21.04.2022 17:16:00 provide services to the citizens of Delhi. A one time policy of regularization shall be framed and existing rules pertaining to service in different departments shall be amended. Existing contractual employees shall be considered for appointment to these new posts as per a policy framed"
2. Apropos the various directions passed by this Court, an affidavit has been filed by the Contemnors on 30.09.2021 stating that the Government had issued an office memorandum on 11.10.2020 providing for a one time regularization policy through relaxation in age to the contractual Nursing and Paramedical employees working under the Ministry of Health and Family Welfare, GNCTD so that they can participate in the recruitment for direct appointment. Relevant portion of the said Office Memorandum reads as under:
"Sub: one time regularization policy through relaxation in age to the contractual Nursing and Paramedical employees working under the Ministry of Health and Family Welfare, GNCTD at the time of regular appointment on direct recruitment basis.
The issue with regard to One-time regularization policy through relaxation in age limit age limit to contractual Nursing and Paramedical employees under H&FW, as a onetime measure, in direct, recruitment has been. examined in the light of WPC-6798/2002 titled Sonia Gandhi & Ors. Vs GNCTD & Ors., opinion of Standing Counsel, in consultation with Law and Services Department.
The Competent authority is pleased to order to fill- up the posts as per recruitment rules and contractual Nursing and Paramedical employees hired against those regular posts may be given age relaxation as per the Signature Not Verified Digitally Signed CONT.CAS(C) 980/2016 Page 2 of 4 By:SHAZAAD ZAKIR Signing Date:21.04.2022 17:16:00 following modalities to be adopted in respect of Contractual Nursing and Paramedical employees under H&FW,GNCTD.
I. The contractual Nursing and Paramedical employees who were working as contractual employees under H&FW as on 26.11.2013 (date of order passed by Hon'ble High Court In WPC- 6798/2002); and as on date are still continuing (as per extension given for year 2020-21) their service as contractual employee under H&FW Department are eligible for this age relaxation. II. The contractual employees should have worked at least 180 days in a particular year. III. The contraactual employees under H&FW can apply only one time (without any age bar) in direct recruitment of their respective posts as and when next time DSSSB issue a notification for regular appointment on direct recruitment basis. IV. Only those contractual employees who were employed (at the time of their appointment on contractual basis) against regular sanctioned posts under H&FW Department are eligible for this relaxation.
3. This Issues with the approval of Competent Authority."
3. It is further stated that a similar order has been passed by the Lt. Governor, Delhi on 01.07.2021 granting one more relaxation qua age under the one-time relaxation policy. Relevant portion of the said order reads as under:
"The Hon'ble LG is pleased to approve the extension of the engagement of Services of all Contractual Nursing/Paramedical employees of H&FW Department, for another one year w.e.f 01.07.2021 to 30.06.2022 or till they avail One Time Regularization Policy dated Signature Not Verified Digitally Signed CONT.CAS(C) 980/2016 Page 3 of 4 By:SHAZAAD ZAKIR Signing Date:21.04.2022 17:16:00 11.10.2020 issued by H&Fw Department, whichever is earlier subject to the condition that such extension will be applicable only to such nursing -- and paramedical staff who are eligible for one time regularization policy as per order dated 11.10.2020. The above arrangement will be subject to vacancies available after. the joining of all newly recruited candidates as and when such dossiers are provided by DSSSB during the aforesaid period.
Further, the remuneration of all Contractual Nursing/Paramedical employees of H&FVV Department' will continue to be released from "Wages Head" as per present practice.
The terms and conditions of the engagement will remain the same as in previous orders of extension of engagements."
4. Learned counsel for the Petitioner contends that these policies are only in the air and pursuant to the said policies no recruitments have been made.
5. Let an affidavit be filed as to when all recruitments have taken place pursuant to the order dated 11.10.2020 and how many Nursing and Paramedical employees who have not been regular appointed were given the benefit of relaxation and how many of them have been appointed pursuant to the office memorandum.
6. The said affidavit be filed within four weeks.
7. List on 16.08.2022.
SUBRAMONIUM PRASAD, J APRIL 19, 2022 Rahul Signature Not Verified Digitally Signed CONT.CAS(C) 980/2016 Page 4 of 4 By:SHAZAAD ZAKIR Signing Date:21.04.2022 17:16:00