Central Administrative Tribunal - Delhi
Manisha Nitharwal vs Health & Family Welfare on 1 April, 2022
1
Item No. 27 OA 861/2022
Central Administrative Tribunal
Principal Bench: New Delhi
O.A. No. 861/2022
M.A. No. 914/2022
This the 1st day of April, 2022
Hon'ble Ms. Manjula Das, Chairman
Hon'ble Mr. Mohd. Jamshed, Member (A)
1. Manisha Nitharwal, Aged about 29 years,
Post-Auxiliary Nurse
Midwife (ANM)/ Staff Nurse
Group B, Presently working under
Delhi Govt. Dispensary Building, Begumpur,
Malviya Nagar, New Delhi -110017.
R/o 5277, Veer Singh Niwas, Shora kothi,
Basant Road, Paharganj, New Delhi -55.
2. Suman, Aged about 25 years,
Post- Auxiliary Nurse Midwife
(ANM)/ Staff Nurse,
Group B, Presently working under
Delhi Govt. Dispensary Building, Begumpur,
Malviya Nagar, New Delhi - 110017.
3. Dim Sang Mol, Aged about 29 years,
Post- Auxiliary Nurse
Midwife (ANM)/ Staff Nurse,
Group B, Presently working under
Delhi Govt. Dispensary Building, Begumpur,
Malviya Nagar, New Delhi - 110017.
4. Renu, Aged about 29 years,
Post-Auxiliary Nurse
Midwife (ANM)/ Staff Nurse,
Group B, Presently working under
Delhi Govt. Dispensary Building, Begumpur,
Malviya Nagar, New Delhi - 110017.
5. Sheetal, Aged about .. years,
Post- Auxiliary Nurse
2
Item No. 27 OA 861/2022
Midwife (ANM)/ Staff Nurse,
Group B, Presently working under
Delhi Govt. Dispensary Building, Begumpur,
Malviya Nagar, New Delhi - 110017.
6. Meenu, Aged about 38 years,
Post-Auxiliary Nurse
Midwife (ANM)/ Staff Nurse,
Group B, Presently working under
Delhi Govt. Dispensary Building, Begumpur,
Malviya Nagar, New Delhi - 110017
7. Anita, Aged about 34 years,
Post-Auxiliary Nurse
Midwife (ANM)/ Staff Nurse,
Group B, Presently working under
Delhi Govt. Dispensary Building, Begumpur,
Malviya Nagar, New Delhi - 110017.
8. Manisha, Aged about.. years,
Post-Auxiliary Nurse
Midwife (ANM)/ Staff Nurse,
Group B, Presently working under
Delhi Govt. Dispensary Building, Begumpur,
Malviya Nagar, New Delhi - 110017.
9. Vimlesh Pal, Aged about.. years,
Post-Auxiliary Nurse
Midwife (ANM)/ Staff Nurse,
Group B, Presently working under
Delhi Govt. Dispensary Building, Begumpur,
Malviya Nagar, New Delhi - 110017.
10. Manisha, Aged about.. years,
Post-Auxiliary Nurse
Midwife (ANM)/ Staff Nurse,
Group B, Presently working under
Delhi Govt. Dispensary Building, Begumpur,
Malviya Nagar, New Delhi - 110017.
11. Pooja, Aged about .. years,
Post- Auxiliary Nurse
Midwife (ANM)/ Staff Nurse,
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Item No. 27 OA 861/2022
Group B, Presently working under
Delhi Govt. Dispensary Building, Begumpur,
Malviya Nagar, New Delhi- 110017.
12. Reshma, Aged about.. years,
Post-Auxiliary Nurse
Midwife (ANM)/ Staff Nurse,
Group B, Presently working under
Delhi Govt. Dispensary Building, Begumpur,
Malviya Nagar, New Delhi - 110017.
13. Sushiren Tirki, Aged about .. years
Post- Auxiliary Nurse
Midwife (ANM)/ Staff Nurse,
Group B, Presently working under
Delhi Govt. Dispensary Building, Begumpur,
Malviya Nagar, New Delhi - 110017.
14. Thangmuanlal, Aged about.. years,
Post- Auxiliary Nurse
Midwife (ANM)/ Staff Nurse,
Group B, Presently working under
Delhi Govt. Dispensary Building, Begumpur,
Malviya Nagar, New Delhi - 110017.
15. Sumira Dung Dong, Aged about.. years,
Post- Auxiliary Nurse
Midwife (ANM)/ Staff Nurse,
Group B, Presently working under
Delhi Govt. Dispensary Building, Begumpur,
Malviya Nagar, New Delhi - 110017.
16. Vibha Swaroop, Aged about.. years,
Post-Auxiliary Nurse
Midwife (ANM)/ Staff Nurse,
Group B, Presently working under
Delhi Govt. Dispensary Building, Begumpur,
Malviya Nagar, New Delhi - 110017.
17. Raj Bala, Aged about.. years,
Post- Auxiliary Nurse
Midwife (ANM)/ Staff Nurse,
Group B, Presently working under
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Item No. 27 OA 861/2022
Delhi Govt. Dispensary Building, Begumpur,
Malviya Nagar, New Delhi - 11017.
...Applicants
(By Advocate: Mr. Ram Niwas Buri)
Versus
1. Govt. of N.C.T. of Delhi
Ministry of Health and Family Welfare
(Nursing Section), Through Principal Secretary,
IP Estate, Delhi Secretariat,
New Delhi-110002
2. Director, Directorate of Family Welfare,
Govt. of NCT of Delhi,
B&C Wing, 7th Floor, Vikas Bhawan -Il,
Civil Lines, New Delhi - 110054.
3. Mission Director cum CDMO,
Integrated District Health Society, South District,
Office of the Chief District Medical Officer,
Directorate of Health Services,
Govt. of NCT of Delhi,
District Programme Management Unit,
Delhi Govt. Dispensary Building, PVR Complex,
Saket, New Delhi - 110017
...Respondents
(By Advocate: Mr. Amit Yadav)
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Item No. 27 OA 861/2022
ORDER (ORAL)
Hon'ble Ms. Manjula Das, Chairman M.A. No. 914/2022 This MA has been filed by the applicants under Rule 4(5)(A) of CAT (Procedure) Rules, 1985 seeking permission of the Tribunal for joining in a single application.
For the reasons stated in the MA, the same is allowed and the applicants are allowed to join in a single OA.
OA No. 861/2022
The substantial issue involved in the OA is with regard to alleged illegal termination of the contractual staff recruited by the respondents without framing any policy/rules for their regularization and without awarding any prior notice before terminating them. In furtherance, the respondents notified several posts of ANMs/Staff Nurse vide office order dated 12.01.2022, which according to the applicants is done in an arbitrary manner by the respondents at their whims. 6 Item No. 27 OA 861/2022 Feeling aggrieved, the applicants filed the present OA seeking the following reliefs :-
"(a) quash and set aside the Impugned Communication dated 24.03.2022 issued by Director, Directorate of Family Welfare (Govt. of NCT of Delhi), Respondent No.2 (Annexure A-1);
(b) quash and set aside the Office Order dated 12.01.2022 issued by Director, Directorate of Family Welfare (Govt. of NCT of Delhi), Respondent No. 2 (Annexure A-9) to the extent of second part calling for engagement/recruitment of additional man power;
(c) direct the Respondents to frame policy/rules to give preference/regularize contractual/ad-hoc/short term Employees/Applicants on the post of Auxiliary Nurse Midwife (ANMs/Staff Nurse) in the department of the Respondents; and
(d) pass such and further order as this Hon'ble Court may deem fit and proper in the interest of justice in the facts and circumstances of the present case."
2. Brief facts of the case are that in pursuance to the notification issued by the Govt. of NCT of Delhi on 24.04.2021 for appointment to the post of Medical Officers and Auxillary Nurse Midwife (ANM)/Staff Nurse, the applicants were recruited as Auxillary Nurse Midwife (ANM)/Staff Nurse on temporary/ad hoc basis for Covid Vaccination Programme and are 7 Item No. 27 OA 861/2022 working as such since May 2021. Learned counsel for the applicants submitted that their recruitment was done adopting proper process by issuing advertisement wherein, it was very specifically mentioned that the term of engagement may be extended.
3. According to the learned counsel for the applicants, the terms of the applicants were extended from time to time. But, unexpectedly vide impugned communication dated 24.03.2022 their employment/engagement was discontinued beyond 31.03.2022, without framing any new policy/rules for their recruitment/regularisation.
4. In support of his claim, learned counsel for the applicants drew our attention to para 4.8 of the OA and submitted that some identically placed employees of Lady Harding Medical College, New Delhi were also discontinued w.e.f. 31.03.2022 who approached this Tribunal by filing OA No. 715/2022 and prayed for quashing the recruitment notice dated 16.10.2021 therein. He further contended that in that case notice 8 Item No. 27 OA 861/2022 was issued and Office memorandum dated 16.03.2022 was kept on abeyance. Hence, he prayed for quashing and setting aside the impugned order dated 24.03.2022.
5. Mr. Amit Yadav, learned counsel appeared on advance service and accepted notice on behalf of the respondents. He vigorously opposed the OA and submitted that the same may be dismissed at the admissions stage itself, as it is the discretion of the department whether to extend their term further or not. According to him, the applicants could not have challenged the aforesaid impugned order dated 24.03.2022, as they are only contractual employees.
6. Heard Mr. Ram Niwas Buri, learned counsel for the applicants and Mr. Amit Yadav, learned counsel for the respondents at the admission stage itself and perused the pleadings.
7. Undisputedly, the applicants are contractual employees and they cannot claim regularisation as a matter of right. Therefore, we are of the view that no 9 Item No. 27 OA 861/2022 claim of the applicants is made out. Accordingly, the OA is dismissed in limine, being devoid of merit.
There shall be no order as to costs.
(Mohd. Jamshed) (Manjula Das)
Member (A) Chairman
/Mbt/