Central Administrative Tribunal - Delhi
Rinku vs Lady Hardinge Medical College on 22 July, 2022
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Item No. 15
OA No.1868/2022
Central Administrative Tribunal
Principal Bench: New Delhi
OA No.1868/2022
MA No. 1971/2022
MA No. 1972/2022
This the 22nd day of July, 2022
Hon'ble Ms. Manjula Das, Chairman
Hon'ble Mr. Mohd. Jamshed, Member (A)
1. Ms. Rinku
D/o. Madan Lal
DOB: 22/12/1987
Date of Joining: 29/02/2016
Registration Number: 447
R/o.: Qtr. No.-1, Type 4,
Old Colony, IHBAS,
Dilshad Garden, Delhi - 110095.
2. Amar Singh Maharaniya
S/o.: Ramswaroop Maharaniya
DOB: 14/12/1988
Date of Joining: 29/02/2016
Registration No.: 3410
R/o.: Village Beelwa, Tehsil Khetri,
District Jhunjhunu,
Rajasthan- 333503
3. Neha Bhatt
D/o.: Om Prakash Bhatt
DOB: 11 /02/1993
Date of Joining: 26/02/2016
Registration No.: 2147
R/o.: 400, Laxmi Narayan Mandir,
Sector-6, Panchkula, Haryana-134 109
4. Neela Joyonti Sobhapati
D/o.: Josia Sobhapati
DOB: 10/05/1983
Date of Joining: 29/02/2016
Registration No.: 2929
R/o.: ORT Canal Street, Gate Bazar,
Berhampur, Ganjam District,
Orissa-760001.
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5. Sunita Kumari
D/o.: Bhagirath Mal
DOB: 20/02/1988
Date of Joining: 29/02/2016
Registration No.: 3002
R/o.: House No. 26, Ground Floor,
Pocket -1, Sector 20, Rohini
Delhi-110086.
6. Rekha
D/o.: Bale Ramn
DOB: 29/11/1990
Date of Joining: 29/02/2016
Registration No.: 1598
R/o.: House No.: F-117/A,
Gali No. 82, Mahavir Enclave,
Part 3, Uttam Nagar, Delhi.
7. Ekta
D/o.: Manish Kumar
DOB: 15/05/1989
Date of Joining: 26/02/2016
Registration No.: 1878
R/o.: House No.: 25, Street No. 8,
A/2 Block, West Sant Nagar,
Burari, Delhi
8. Harish Meena
S/o.: Radhey Shyam Meena
DOB: 01/01/1988
Date of Joining: 26/02/2016
Registration No.: 55
R/o.: Village Kekakhedi,
Post Similya, Tehsil: Mangrol,
District: Baran, Rajasthan-325215
9. Kiran Meerwal
S/o.: Prabhu Dayal Meerwal
DOB: 26/07/1991
Date of Joining: 29/02/2016
Registration No.: 3122
R/o.: 14/19, Gali No.3,
Sec. 2, Mohan Garden,
Uttam Nagar, Delhi
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10. Surya Surendran
D/o.: Surendran T. N
DOB: 25/04/1988
Date of Joining: 27/02/2016
Registration No.: 277
R/o.: House No.: 991,
LIG Flat, Hastsal, Uttam Nagar.
11. Priyanka
D/o.: Chander Prakash
DOB: 04/11/1991
Date of Joining: 29/02/2016
Registration No.: 352
R/o.: C-12/390, Yamuna Vihar,
Delhi-110053.
12. Sohan Lal Regar
S/o.: Kishana Ram
DOB: 07/07/1984
Date of Joining: 01/03/2016
Registration No.: 3503
R/o.: VPO Ranigaon, Tehsil Makrana,
District Nagour, Rajasthan-341302
13. Chitikila Devamma
D/o.: Chitikila Bennayya
DOB: 10/02/1989
Date of Joining: 25/02/2016
Registration No.: 1830
R/o.: RZ 27/284, Gali No.2
Geetanjali Park, West Sagarpur,
New Delhi-110046.
14. Pratibha
D/o.: Ved Prakash
DOB: 06/03/1990
Date of Joining: 29/02/2016
Registration No.: 1237
R/o.: EPT 33, P&T Colony,
Dev Nagar, Karol Bagh,
New Delhi-110005.
15. Anamika Tomar
D/o.: Subhash Tomar
DOB: 04/11/1992
Date of Joining: 27/02/2016
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Registration No.: 24
R/o.: RZ, D-3/178 B
Street No. 7 Mahavir Enclave,
New Delhi - 110045.
16. Manu Bala
D/o.: Kamal Jeet
DOB: 10/03/1989
Date of Joining: 29/02/2016
Registration No.: 239
R/o.: G-56, 2nd Floor, Maitri Apartment,
Gali No.10, Vishwas Park,
Uttam Nagar, West Delhi -110059
17. Aneeta K John
D/o.: K. C. John
DOB: 09/06/1991
Date of Joining: 24/02/2016
Registration No.: 512
R/o.: T-57, Near Khanna Tent House,
Jagran Chowk, Uttam Nagar,
New Delhi-110059.
18. Sabira
D/o.: Latif Khan
DOB: 20/11/1987
Date of Joining: 29/02/2016
Registration No.: 1838
R/o.: E-106, 2nd B,
Khetrinagar, Jhunjhunu,
Rajasthan - 333504
19. Sneha Mol Francis
D/o.: Francis
DOB: 30/04/1991
Date of Joining: 03/03/2016
Registration No.: 1247
R/o.:85/9, 3rd Floor, Shanti Niwas,
Kishangarh, Vasant Kunj.
New Delhi.
20. Mariamma Mammen
D/o.: Mammen Abraham
DOB: 27/11/1990
Date of Joining: 26/02/2016
Registration No.: 3210
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R/o.: B-245, Guldhar-2,
Near L Block and Ram Saran School,
Sector 23, Sanjay Nagar,
Ghaziabad, Uttar Pradesh-201002.
21. Divya Maria Jose
D/o.: V. M. Joseph
DOB: 16/09/19992
Date of Joining: 24/02/2016
Registration No.: 3211
R/o.: HC-1/26, Lajpat Apartments,
Lajpat Nagar, Sahibabad, Ghaziabad,
Uttar Pradesh 201005
22. Aswathy KK
D/o.: Kuttapan KK
DOB: 10/11/1991
Date of Joining: 24/02/2016
Registration No.: 557
R/o.: 80/2/2/8, 3rd Floor,
Jeeevan Nagar, Ashram,
New Delhi - 110014.
23. Vinod Yadav
D/o.: Mehar Chand
DOB: 30/08/1987
Date of Joining: 22/02/2016
Registration No.: 514
R/o.: Village Krishan Nagar, Post Tasing,
Tehsil Behror, District Alwar, Rajasthan 301702
24. Shinto CP
S/o.: Pailan C R
DOB: 16/05/1987
Date of Joining: 02/03/2016
Registration No.: 406
R/o.: Cherangadan House,
P.O. Pady Pady Kodaly,
Thrissur District, Kerala 680699.
25. Betcy Varghese
D/o.: P. V. Varghese
DOB: 11/06/1990
Date of Joining: 25/02/2016
Registration No.: 3450
R/o.: RZP/262, Flat No. 12,
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Star Residency, Gali No.5, P Block,
Raj Nagar 2 Dwarka Sector -8, Delhi.
26. Simmi Nair
D/o.: G K Nair
DOB: 30/11/1985
Date of Joining: 01/03/2016
Registration No.: 1021
R/o.: 22C, Pocket 6, MIG Plats,
Mayur Vihar Phase 3,
New Delhi -110096.
27. Ataussamad Arabi
S/o.: Abid Ali Arabi
DOB: 21/07/1983
Date of Joining: 29/02/2016
Registration No.: 1416
R/o.: Ward No. 17,
Behind Higher Secondary School,
Nazar Bag, Tonk, Rajasthan-304001
28. Partima
D/o.: Late Sh. Suraj Bhan
DOB: 01/05/1990
Date of Joining: 27/02/2016
Registration No.: 369
R/o.: Village Nizampur Majra,
Post Office Farmana, District Sonipat,
Haryana-131408
...Applicants
(By Advocate: Mr. Deepak Joshi)
Versus
1. Union of India
Through its Secretary,
M/O Health and Family Welfare, (MEP Section)
Nirman Bhawan, New Delhi-110001
2. Lady Hardinge Medical College
Through its Director,
Shaheed Bhagat Singh Marg,
DIZ Area, Connaught Place,
New Delhi - 110001
... Respondents
(By Advocate : Mr. Subhash Gosain)
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Item No. 15
OA No.1868/2022
ORDER (ORAL)
Hon'ble Ms. Manjula Das, Chairman MA No.1971/2022 This application has been filed by the applicants seeking joining together in a single application.
For the reasons mentioned therein, MA is allowed.
MA No.1972/2022
This application has been filed by the applicants seeking exemption from filing certified copy of the annexures.
Since we are deciding the OA itself, this MA is disposed of as having become infructuous. OA No.1868/2022
Present Application has been filed by the applicants under Section 19 of the Administrative Tribunals Act, 1985, seeking the following reliefs:-
"a) Quash and set aside the impugned order bearing No. F.No.Nur.Sec/Cont-Term/2022/7144 dated 12/07/2022 issued by Respondents.
b) Direct the respondents to keep the applicants in service with Respondent No.2.
c) Alternatively to prayer No. b), direct the respondents to accommodate the applicants in other hospitals in Delhi which fall under the administrative control of Respondent No.1.8 Item No. 15 OA No.1868/2022
d) Direct respondents to implement the direction/guidelines issued by Respondent No. 1 vide notification dated 03/05/2021 bearing No. Z.20015/43/2021- ME-I (FTS-8108321)
e) Direct the respondents to consider guidelines issued by Respondent No. 1 dated 03/05/2021 and declare the methodology for the preference to be given to the contractual staff having completed 100 days of Covid related duty in the upcoming permanent recruitments.
f) Direct the respondents to consider granting bonus marks to the contractual staff nurses, in relation to the years of service rendered by them/experience gained by them so as to provide them with a level playing field with the freshly graduated inexperienced candidates in the upcoming recruitment/selection process along with the preference promised to them on 03.05.2021.
g) Direct the respondents to consider granting age relaxation, extra attempts etc. to the contractual staff nurses so as to provide them with a level playing field with the freshly graduated inexperienced candidates in the upcoming recruitment/selection process along with the preference promised to them on 03.05.2021.
h) Direct Respondent No.l to get the recruitment/selection process conducted by the Staff Selection Process, since the SSC is the designated competent authority in the RR's and as such is also competent to grant bonus marks as is being granted by the Bihar Technical Service Commission (BTSC) and the Rajasthan Govt.
i) Accord all consequential benefits
j) Award costs of the proceedings; and
k) Pass any other order/direction which this Hon'ble Tribunal deem fit and proper in favor of the applicant and against the respondent in the facts and circumstances of the case."
2. Brief facts of the case are that a vacancy notice dated 07.10.2015 for the post of Staff Nurse, in four hospitals in Delhi, namely, Dr. RML Hospital, Safdarjung Hospital, Lady Hardinge Hospital and 9 Item No. 15 OA No.1868/2022 Sucheta Kriplani Hospital and Kalawati Saran Children's Hospital was issued by the respondents. Applicants had applied for the same. Selection process was conducted and interviews were held. A merit list was drawn and on the said merit, offer letters were issued to the successful candidates in February 2016. They were appointed as Nursing Officers on contract basis for a period of 6 months or till the vacancies are filled on regular basis, whichever is earlier, with a consolidated salary of Rs.37,500/- per month on the terms and conditions mentioned therein. It is submitted that the applicants are working under respondent no.2 for the last more than six years and they have been serving the nation during the entire covid period. Vide impugned order dated 12.07.2022 respondent No.2 terminated the services of the applicants without giving any reason or notice period and also without considering the directions/guidelines dated 03.05.2021 issued by respondent No.1. It is also submitted that number of vacancies are still available with respondent No.2, therefore, present applicants may be adjusted as they are trained Nursing Officers who worked during covid 10 Item No. 15 OA No.1868/2022 spread and are front line workers. They must be given preference while engaging manpower on contract or regular basis.
3. Sh. Subhash Gosain, learned counsel for respondents vehemently opposed the contentions raised by the applicants and submitted that all the applicants were appointed on contract basis and since regular incumbents after completion of pre- appointment formalities, i.e. document verification and medical verification have joined the regular post of Nursing Officers, the Nursing Offices engaged on contract basis on the specific condition that their engagement is purely on contractual basis for specific period or till the regular appointment is made, whichever is earlier, have to make way for regular candidates.
4. In the above facts and circumstances of the case, the OA is disposed of at the admission stage itself, without expressing any opinion on the merits of the case, with a direction to the applicants to make a comprehensive representation to the respondent authority within 10 days from the date of receipt of a copy of this order. Thereafter, respondents are 11 Item No. 15 OA No.1868/2022 directed to decide the representation so preferred by the applicants within a period of two months from the date of receipt thereof, by passing a reasoned and speaking order, under intimation to the applicants. We hope and trust that since the applicants have gained more than 6 years experience in nursing, respondent department will look into the matter sympathetically on the basis of interest of public as well as patients and applicants may be given opportunity to render services subject to the availability of the vacancies and job requirement. There shall be no order as to costs.
(Mohd. Jamshed) (Manjula Das)
Member (A) Chairman
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