Central Administrative Tribunal - Delhi
Rittika Sharma vs Health And Family Welfare on 22 December, 2023
(1)
Central Administrative Tribunal
Principal Bench, New Delhi
OA No.509/2022
IN
MA No.2975/2022
With
MA No.44/2023
OA No.662/2023
OA No.862/2022
MA No.2065/2022
OA No.2634/2021
OA No.2637/2021
OA No.855/2022
OA No.506/2022
OA No.510/2022
Reserved on :11.12.2023
Pronounced on :22.12.2023
Hon'ble Mr. R.N. Singh, Member (J)
Hon'ble Mr. Sanjeeva Kumar, Member (A)
O.A. No.509/2022
1. Rittika Sharma,
Group - 36 Aged about 36 yrs.
D/o Sh. Ravinder Kumar Sharma
R/o T-510, F-23B, Baljeet Nagar
New Delhi-8
2. Gurumayum Broje Showri Devi,
Group -B Aged about 38 yrs.
D/o late. Ibobi Sharma
R/o H.No. 173, 2nd Floor,
Hauz Rani, Saket, Opp.
Max Hospital New Delhi-17
3. Anoop M.L., Group - B
Aged about 35 yrs.
S/o Sh. M.K. Luka
R/o Mattathil Murichdil (H)
Kurianad (PO) Monipally via
Kottayam (D) Kerala-686636
4. Anish Chandran,
(2)
Group - B Aged about 39 yrs.
S/o Sh. K.P. Ramachandran
R/o Koodathinkal, Kuravilangad
Kuravilangadu, Meenachil,
Kottayam Kerala-686633
5. Hmangte Kharengneikon,
Group - B Aged about 39 yrs.
D/o Sh. Hmangte Ngirthingbumkom
R/o 95, Ghitorni, 100 Feet Road,
New Delhi-30
6. Mutum Shantibala Devi,
Group -B Aged about 37 yrs.
D/o Sh. M. Thambalsana Singh
R/o H.No. 175, 2nd Floor, Haut Rani,
Malviya Nagar, New Delhi-110017
7. Sushma Fransis, Group - B
Aged about 36 yrs.
D/o Sh. Shankar Kumar
R/o A-12, Sainik Sadan,
H-Block Market, Naraina Vihar,
Delhi-28
8. Promila Dixon, Group - B
Aged about 36 yrs.
D/o Sh. Dixon B. Lal
R/o I-1/44, Second Floor,
Sector 16, Rohini, Delhi-89
9. Moirangthem Narmada Chanu,
Group -B Aged about 38 yrs.
W/o Sh. Th. Subhash Chandra Singh
R/o H.No. 192, Hari Nagar,
Ashram Delhi-110014
10. Irengbam Shakuntala Chanu,
Group - B Aged about 39 yrs.
D/o Sh. Irengbam, Naba Meiter
R/o Near To Mapal Kangjeibung Lampak
Irengbam Mayai Leikei Irengbam,
Bishnupur, Manipur-795134
11. Remya Raju, Group - B
Aged about 38 yrs.
(3)
D/o Sh. Raju's R/o L-87/1,
Phase-2, Sector 4, Vijay Vihar,
Kabir Mandir Gali Rohini, New Delhi-85
12. Damyanti Tirkey, Group - B
Aged about 41 yrs.
D/o Lt. Sh. Nestor Tirkey
R/o B-139, SL Adarsh Kunj Apptt.
DLF Dilshad Extn-II, Sahibabad
Ghaziabad, UP - 201005.
13. Nemkhoching, Group - B
Aged about 41 yrs.
W/o Sh. Ramesh B.K. R/o 2689,
Ist Floor, Left Side Portion Main Bazar,
West Patel Nagar, New Delhi-100081
14. R.K. Kherodasana Devi, Group - B
Aged about 36 yrs.
W/o Sh. K.H. Bipin Chandra Singh
R/o 430, Near Mother Diary,
Sunlight Colony-2, Ashram Jungpura,
New Delhi
15. Harish Kumar, Group - B
Aged about 37 yrs.
S/o Sh. Devi Dutt
R/o Ganpati Nagar Ward-6,
Jhunjhunu, Rajasthan 333001
16. Roseline Kinter, Group -B
Aged about 37 yrs.
D/o Sh. John H. Kinter
R/o 37, Silvert Ganj, Prem Nagar
Jhansi, U.P. 284003.
17. Rakesh Kumar Yadav, Group - B
Aged about 36 yrs.
S/o Sh. Babulal Yadav
R/o Vill. Aagwari, Post Sirohi,
Tehsil Neemkathana Distt. Sikar, Rajasthan
18. NuaNuam, Group-B
Aged about 38 years
D/o Thang Suan Khup
R/o 106, Munirka, South,
(4)
West Delhi, Delhi-110067 ...Applicants
(By Advocates:Shri Nalin Kohli, Sr. Advocate with Ms.
Nimisha Menon, Mr. G.D.Chawla,
Mr. Yogesh Sharma & Ms.Meenu Mainee)
VERSUS
1. Union of india through its Secretary,
M/o Health and Family Welfare,
(MEP Section) Nirman Bhawan,
New Delhi-110001.
2. Medical superintendent,
Ram Manohar Lohia Hospital,
Baba Kharag Singh Marg,
New Delhi-110001.
3. Director, All India Institute of Medical
Sciences, Ansari Nagar,
New Delhi-110029 ...respondents
(By Advocates:Shri Dilbagh Singh)
OA No.662/2022
1.Ms. Sheetal, Group-B
Aged about 30 years
D/O Surender Kumar
R/O- Mattan (20), Jhajjar,
Haryana-125401.
2.Sharon Bose, Group-B
Aged about 31 years
D/O Vijay Lukhra
R/O- B-9, Sainik Sadan,
Near H-Block, Narain Vihar,
New Delhi-110028. ...Applicants.
Advocates: Shri Nalin Kohli, Sr. Advocate with Ms.
Nimisha Menon, Mr. G.D.Chawla,
Mr. Yogesh Sharma & Ms.Meenu Mainee)
VERSUS
1. Union of India through its Secretary,
M/o Health and Family Welfare,
Baba Kharag Singh Marg,
New Delhi-110001.
(5)
2. Medical superintendent,
Ram Manohar Lohia Hospital,
M/O of Health and Family Welfare,
Baba Kharag Singh Marg,
New Delhi-110001.
3. Director, AIIMS,
Ansari Nagar,
New Delhi-110029 ...respondents
(By Advocate: Shri Avnish Kumar)
OA No.862/2022
1. Love Kr. Sharma, Nursing Staff
Aged about 34 yrs.
S/o Sh. Ram Babu Sharma
R/o A-124-A, Karamchari Colony,
Ashok Vihar, Alwar, Rajasthan-301001
Regd. No. 4240 Mobile : 8740008062
2. Jaspreet Singh Sethi, Nursing Staff
Aged about 36 yrs.
S/o Sh. Bhupinder Singh Sethi
R/o Block No. 2, H.No. 61,
DDA Four Storey Flats, Garhi
East of Kailash South Delhi-110065
Regd. No. 4198 Mobile : 9899895877
3. Archana P. David, Nursing Staff
Aged about 32 yrs.
D/o Sh. P.V. Devashia
R/o C/o Jitin Joseph, Kuzhiyapadath House,
Madampam, Kaithepura, PO Sreekandapuran
Kanner, Kerala-670631
Regd. No. 4224
4. Turby Tom, Nursing Staff
Aged about 32 yrs.
D/S/o Sh. A.M. Kurain
R/o H.No. 359, Anakkallil House,
Anikkad, Aru Vikuzhi Kottayam, Kerala-686503
Regd. No. 4226
(6)
5. Mona, Nursing Staff
Aged about 33 yrs.
D/o Sh. Balwant Singh
R/o H.No. 185, Mundhela Kalan,
Village & PO (Baquar Garh),
South West Delhi, Delhi-110073
Regd. No. 4222
6. Mukul, Nursing Staff
Aged about 29 yrs.
S/o Sh. Vinal Kumar
R/o J-64, Vishnu Garden, West Delhi
New Delhi-110018
Regd. No. 4221
7. Vishal Pihal, Nursing Staff
Aged about 25 yrs.
S/o Sh. Hari Prakash
R/o WZ-40, Jhawahedi Market,
Paschim Vihar, New Delhi-110063
Regd. No. 4210.
8.Anjali, Nursing Staff
Aged about 29 yrs.
W/o Sh. Ankit Kumar
R/o Jhuggi No.W-29/362, 'F' Block,
Mangolpuri, 'N' Block, North Delhi-83
Regd. No. 4639
9. Sonu Kumari, Nursing Staff
Aged 26 yrs.
D/o Sh. Arvind
R/o VP Dulaniya, Tehsil Surajgarh,
Distt Jhunjunnu, Rajasthan-333031
Regd. No. 4169
10.Pooja Rani, Nursing Staff
Aged about 30 yrs.
D/o Sh. Ram Narayan
R/o 194-C, Jhattowala Mohalla
Uttam Nagar, Hathsala Village,
West Delhi-110059 Regd. No. 4199
11. Shintu Luka, Nursing Staff
Aged about 36 yrs.
(7)
W/D/o Sh. Roji Cherian
R/o Ellampally House, Nalueky
PO Changanacherry, Kottayam
Distt. Kerala-686548
Regd. No. 4313
12.Subin Stanley, Nursing Staff
Aged about 34 yrs.
S/o Sh. M.K. Stanley
R/o 182-A, Chander Vihar,
IP Extension, New Delhi-92
Regd. No. 4237 ...Applicants
Advocates: Shri Nalin Kohli, Sr. Advocate with Ms.
Nimisha Menon, Mr. G.D.Chawla,
Mr. Yogesh Sharma & Ms.Meenu Mainee)
VERSUS
1. Union of india through its Secretary,
M/o Health and Family Welfare,
Baba Kharag Singh Marg,
New Delhi-110001.
2. Medical Superintendent,
Lady Hardinge Medical College,
Shaheed Bhagat Singh Marg,
Connaught Place,
New Delhi.
3. Director, AIIMS,
Ansari Nagar,
New Delhi-110029 ...respondents
(By Advocate: Shri Ram Kanwar Dhillon)
OA No.2634/2021
1. Ashok Kumar Maurya (D.O.B. 30.7.1980)
S/o Sh. Lt. Birbal Ram Maurya
Date of Joining: 17.8.2018
Regd. No. 482/6408
R/o VPO Papsa, Via Sasya Surpura,
Distt. Jhunjhunu (Rajasthan-333801)
(8)
2. Om Prakash Yadav (D.O.B. 4.11.1981)
S/o Sh. Banshidhar Yadav
Category: OBC Date of Joining: 16.8.2018
Regd. No. 7683/401
Jaipur, Rajasthan-302013
3. Kana Ram Jat (D.O.B. 8.7.1983)
S/o Sh. Ramu Lal Jat
Category:OBC
Date of Joining:16.8.2018
Regd.No.4131/2019
R/o Nangal Puraohit, Jaipur,
Rajasthan 302032
4.Parveen (D.O.Β. 11.12.1981)
S/o Sh. Jaswant Singh
Category: OBC
Date of Joining: 16.8.2018
Regd. No. 5226/
R/o RZ-79/27), Hans Park
West Sagarpur, New Delhi.
5.Pushpendra Kumar (D.B. 4.2.1966)
S/o Sh. Babu Lal Category: GEN
Date of Joining: 14.8.2018
Regd. No. 10458/261
R/o 13, Dhanwara Road, Mali Mohallia,
Helak Gate, Kumher Bharatpur,
Rajasthan-321201
6. Rajesh Kumar Yogi (DOB 156.1983)
S/o Sh. Murari Lal Yogi
Category: OBC
Date of Joining: 16.8.2018
Regd. No. 11580/7
R/o Kalyanpura, Jodhpura
Kotputli, Jaipur-303107.
(9)
7. Bharat Lal (DOB. 7.7.1982)
S/o Sh. Bhopat Ram
Category: OBC
Date of Joining: 16.8.2018
Regd. No. 583/478
R/o 69, Radha Swami Satsang
Bhavan Ke Vagal Mei, Rajendra Nagar,
Bharatpur, Rajasthan
8. Sunita Choudhary (D.O.B. 8.10.1982)
D/o Sh. Man Singh Jat
Category: OBC
Date of Joining: 16.8.2018
Regd. No. 5206/415
R/o H.No. 67F, H Block,
Taj Avenue, Phase-6,
Aya Nagar, South Delhi-110047.
9. Deshraj Yadav (DOB. 28.8.1963)
S/o Sh. Sundra Ram Yadav
Date of Joining: 5.1.2016
Regd. No. 231/37
R/o Ward No.6, Guru Rajpura Sikh,
Tehsil Narayanpura Kolensa,
Alwar (Rajasthan)301024. ...Applicants.
(By Advocates: Shri Nalin Kohli, Sr. Advocate with Ms.
Nimisha Menon, Mr. G.D.Chawla,
Mr. Yogesh Sharma & Ms.Meenu Mainee)
versus
1. Union of india through its Secretary,
M/o Health and Family Welfare,
(MEP Section), Nirman Bhawan,
New Delhi-110001.
2. Medical Superintendent,
Vardhman Mahavir Medical College,
Safdarganj Hospital, New Delhi-110029.
3. Director, All Indian Institute of Medical Sciences,
Ansari Nagar,
New Delhi-110029 ...respondents
By Adv.: Mr.Vanshika Gautam for Shri Kaushal Gautam)
OA No.2637/2021
(10)
1. Beeram Singh
S/o Sh. Lt. Ramhet
Date of Joining: 01.01.2016
Regd. No. 3259
R/o C-101, J.J. Colony, Khanpur,
South Delhi, Delhi-110062.
2. Vinod Kumar Saini (D.O.B 02.03.1990)
S/o Sh. Hariram Saini
Date of Joining: 01.01.2016
Regd. No. 648
R/o VPO. Basburiya-Khatiwala,
Laduwas, Ajabpura,
Tehsil: Thanagazi, Distt. Alwar,
Rajasthan-301024.
3. Manju Yadav (D.O.B. 09.11.1987)
W/o Sh. Desh Raj Yadav
Date of Joining: 05.01.2016
Regd. No. 32
R/o Tehsil: Thanagazi, Rajpura Sikkh,
Kolahera, Alwar, Rajasthan 301024.
4. Kuldeep Kumar (DOB 1989)
S/o Sh. Rajender Kumar
Date of Joining: 01.01.2016
Regd. No. 1617
R/o House No. 101, Sector 3,
RK Puram New Delhi-110022.
5. Jagdish Kumar Jat (DOB. xx/xx/1990)
S/o Sh. Man Singh Jat
Date of Joining : 01.01.2016
Regd. No.411
R/o VPO Basai, VIA-Rajnota, Distt. Jaipur,
Rajasthan.
6. Lal Chand Salodia (D.O.B.17.10.1987)
S/o Sh Kalyanma Salodia
Date of Joining:17.08.2018
Regd.496/9222
R/o VPO Kaladosa, Tehsil: Chomu,
Distt. Jaipur, Rajasthan-303821.
7. Papita Devi (D.O.B.15.07.1990)
(11)
S/o Sh Ramniwas Yadav
Date of Joining:14.08.2018
Regd.189/6941
R/o VPO Kaladosa, Tehsil: Chomu,
Distt. Jaipur, Rajasthan-303821.
R/o VPO Bagawas Ahisqan, The:Virat Nagar,
Distt. Jaipur.
8. Monika Chauhan (D.0.B. 03.07.1991)
D/o Sh. Ram Swaroop, Date of Joining: 14.08.2018
Regd. No. 6200/393
R/o H.N.No.166, Mohalla Rogangarh, Thana Bhawan,
Thanbhawan, Shamli, (UP)-247777.
9. Naresh Kumar Kankarwal (D.O.В. 13.12.1989)
S/o Sh. Sharwan Kumar
Date of Joining: 14.08.2018
Regd. No. 1970/530
R/o P.No. 86, Behind Tiwari Hospital, Ramnagar
Colony, agsa sood,
Dausa, Rajasthan.
10. Ravi Kumar Halduniya (D.O.B 15.04.1991),
S/o Prahlad Sahai Hakdoniya,
Date of Joining: 17.08.2018,
Regd. No. 8783/540,
R/o Viratnagar, Mohalla Dhobiya Ka Balesh
Norangpura, Norang Pura, Jaipur,
Rajasthan-303003
11. Ravi Kumar (D.O.B: xx/xx/1987), S/o Bharat Singh,
Date of joining 10.08.2018,
Regd. No. 13412/424, Re House No. 68, Village
Kandharan, Than Mathooi, Churu,
Thanmathoi, Rajasthan-301023.
12. Sharwan Kumar (D.O.B.14.07.1983)
S/o Sh Ram Deva
Date of Joining:10.08.2018
Regd.4232/314
R/o Majipura, Sikar, Netawas,
Rajasthan-332002.
13. Silochana, (D.O.B.01.01.1988)
W/o Sh Rohitash Singh,
Date of Joining:10.08.2018
(12)
Regd.764 /434
R/o Bhojan, Bhojan, Churu,
Rajasthan-331301.
14. Shankar Lal Bairwa, (D.O.B.07.07.1987)
S/o Har Lal Bairwa,
Date of Joining:18.08.2018
Regd.10269/489
R/o 520, Bairwa Mohalla, Village and Post Karoi Kalan
Teh: Bhilwara, Karoi Kalan,
Rajasthan-311802.
15. Naveen Kumar (D.O.B.08.02.1988)
S/o Braj Kishore Prasad Singh,
Date of Joining:10.08.2018
Regd.1931/281
R/o Home No.331A, Gali No.3, Sainik Enclave,
Sector-3 D, K.Mohan Garden, S.O. West Delhi,
Delhi-110059.
16. Kishan Kumar Yogi (D.O.B.xx/xx/1989),
S/o Satya Veer Yogi,
Date of Joining:10.08.2018
Regd.13134/443
R/o Budhawal, Gandala, Alwar, Gandala,
Rajasthan-301709.
17. Rajesh Kumar Sain, (D.O.Β: 08.04.1987),
S/o Birbal Sain, Date of joining: 10.08.2018,
Regd. No. 4174/430.
R/o Bathod, Sikar, Rajasthan-332301.
18. Rahul Kumar, (D.O.B: 07.09.1986),
S/o Sajjan Singh, Date of Joining:
10.08.2018, Reg. No. 12737/423.
R/o 151, Ward No. 3, Near by Holi Wala Johar,
Kanina, Kanina (Rural) (14), Mahendragarh,
Haryana-123027.
19. Narender, (D.O.B: 14.04.1991),
S/o Jat Singh, Date of joining:
10.08.2018, Regd. No. 262/8994.
R/o Simli, Ismailpur, (202),
Mahendragarh, Haryana-123023.
20. Pradeep Kumar Jajoriya, (D.O.B: 15.07.1987),
(13)
S/o Banwari Lal Raigar,
Date of joining: 10.08.2018. Regd. No. 9304/493.
R/o Village Kishanpura, Teh: Virat Nagar, Luhakana
Khurd, Jaipur, Rajasthan-303119.
21. Lovely Khokhar, (D.O.B: 17.07.1992),
D/o Satyavart,
Date of joining: 10.08.2018. Regd. No. 959/267.
R/o 29A, DDA, MIG Flat, Metro Apartments,
Jahangirpuri, North West Delhi, Delhi-110033.
22. Ravi Kant Bairwa, (D.O.B: 10.07.1989),
S/o Girraj Prasad Bairwa,
Date of joining: 10.08.2018. Regd. No. 13118/484,
R/o 124, Ward No.33, Trilok Nagar, Gangapur City,
Sawal Madho
pur, Rajasthan-322210.
23. Sita Ram Saini, (D.O.B: 20.08.1986),
S/o Sumer Singh Saini,
Date of joining: 10.08.2018. Regd. No.12702/255.
R/o Ward No.2, Jagdishpura, Papera, Jhunjhnun,
Rajasthan-333801.
24. Shivani, (D.O.B: 01.11.1991),
S/o Jagbir Singh,
Date of joining: 10.08.2018. Regd. No. 947/252.
R/o A-56,57 Extn,4, Kamruddin Nagar, Nangloi, West
Delhi, Delhi-110041.
25. Shaitan Singh, (DOB: 01.07.1986), S/o Shri Ram
Yadav, Date of joining: 10.08.2018, Regd. No.
6044/205, R/o F/5-D, G-8, Hari Nagar, South Delhi,
Delhi-110064.
26. Randhir Singh Yadav, (D.O.B: xx/xx/1985), S/o
Dulichand Yadav, Date of joining: 10.08.2018, Regd.
No. 4301/253, R/o VPC, Jatganwara, Teh: Behror,
Distt. Alwar, Rajasthan-301713.
27. Rakesh Meena, (D.O.B: 12.10.1991), S/o Mahar
Singh Meena, Date of Joining: 10.08.2018, Regd. No.
(14)
14007/186, Ro Jatav Basti, Hari Singh Pura, Leelauti,
Dholpur, Rajasthan- 338031.
28 Mahendra Kr. Chauxlary, (D.O.B: xx/xx/1987), S/o
Pokar Ram Chaudary, Date of joining 10.08.2018,
Regd. No. 7123/207. R/o Syoli Ki Dhani, Bhalasaitya,
Osian, Osian, Jodhpur, Rajasthan-342303.
29. Rattiram Yadav, (D.O.B: xx/xx/1988),
S/o Kailash Chand Yadav, Date of Joining:10.08.2018
Regd.No.9431/435, R/o Dhani Shivchand Wali, Ward
No.7, The Koutputli, Gordhanpura, Gordhanpura,
Jaipur, Rajasthan-303108.
30. Yogesh Kumar Yadav, (D.O.B: 30.06.1988),
S/o Hari Singh Yadav, Date of
Joining:10.08.2018 Regd.No.3789/451, R/o
Kanwarpura, Post:Gordhanpura, Teh:Koutputli,
Distt. Jaipur, Rajasthan-303108.
31. Rajesh Swami, (D.O.B: 15.06.1993),
S/o Ram Kuwar Swami, Date of
Joining:10.08.2018 Regd.No.4620/397, R/o Ganv,
Khohari, Teh: Bansur, Khohri, Alwar, Rajasthan-
301402.
32. Mahendra Virash, (D.O.B: 13.03.1989),
S/o Jeera Ram, Date of Joining:10.08.2018
Regd.No.6436/514, R/o Kanwarpura, Post:
Mandwala, Jelor, Rajasthan-343042.
33. Satnam, (D.O.B: xx/xx/1985),
S/o Balveer Singh, Date of Joining:10.08.2018
Regd.No.11381/486, R/o H.No.278, Double Storey,
Welcome, Seelam Pur-III, New Delhi-110053.
34. Suresh Kumar, (D.O.B: 05/02/1985), S/o Radha
Krishna Bairwa, Date of Joining: 10.08.2018, Regd.
No. 481/6884, R/o Dhanna Talaai, Tonk, Tonk,
Rajasthan-304001.
35. Vijendra Singh, (D.O.B: 15.02.1989), S/o
Dharmendra Kumar Date of Joining: 10.08.2018,
Regd. No. 461/4271. R/o Village-Raheda, Post-
Kalyanpur, Khurd-1, Koutpotli, Distt. Jaipur,
Rajasthan-303108.
(15)
36. Ramesh Kumar, (D.O.B: 07.06.1986), S/o Pooran
Mal, Date of joining: 10.08.2018, Regd. No. 8923,
R/o 245, Ward No. 06, Khood, Sikar, Rajasthan-
332023.
37. Jai Singh Yadav, (D.O.B 12.06.1988) S/o Phool
Chand Yadav, Date of joining: 10.08.2018, Regd. No.
450/8104214613,
R/o Ganv Udho Ka Bas (Ratanpura) Teh: Bansur,
Udho Ka Bas Alwar.
Ratanpura, Rajasthan-301402.
38. Pankaj Kumar Chandolia, Chandolia, (D.O.B:
xx/xx/1987), S/o Banwari Lal Raiger, Date of
Joining:10.08.2018 Regd.No.497/6248, R/o
The:Shahpura, Barijori, Badi Jori Jaipur,
Rajasthan-303103.
39. Matadeen, (D.O.B: 09.03.1986),
S/o Ghanshyam Kumar, Date of Joining:10.08.2018
Regd.No.11597/269, R/o Gaon Puranabas,
Charanwas @ Puranabas, Sikar, Rajasthan-
302713.
40. Urmila , (D.O.B: 30.11.1986),
W/o Kamal Phogat, Date of Joining:10.08.2018
Regd.No.2402/258, R/o Mana Phogatton Ka Bas,
Agwana Khurd, Jhunjhnun, Rajasthan-303108.
41. Meenakshi, (D.O.B: 20.08.1989),
D/o Hari Singh Yadav, Date of
Joining:10.08.2018 Regd.No.5746/343, R/o
RZF2/65, Gali No.2, Mahavir Enclave, Palam Village
S.O. South West Delhi, Delhi-110045.
42. Poomam, (D.O.B: 14.07.1985),
W/o Anil Dayal, Date of Joining:10.08.2018
Regd.No.7067/309, R/o Village Chittosa, The:
Buhana Chitausa, Jhunjhnun, Chittausa,
Rajasthan-333516.
43. Tara Chand, (D.O.B: 01.01.1987), S/o Lallu Ram
Sharma, Date of joining: 10.08.2018, Regd. No.
13130/268,
R/O Biharisar, Dwarapur, Thanagazi, Alwar,
(16)
Rajasthan-301022.
44. Shankar, (D.0.B: 07/02/1987), S/0 Harlal Bairwa,
DOI:-10/8/2018,
Regd-No. 489/10269 Ro 520, Bairwa
Mohalla, village and P.O. Karoi Kalan, Teh: Bhilwara
Karoi Kalan, Bhilwara.
45. Saroj Dangi, (D.O.B: 08.11.1987), W/o Subhash,
Date of joining: 10.08.2018, Regd. No. 666, R/o 647,
Dhani Bala Ka Wali, Chala, Sikar, Rajasthan-332706.
46. Poonam Kumar, (D.O.B: 03.08.1992), W/o Yogesh
Sain, Date of joining: 10.08.2018, Regd. No. 3299,
R/o Pareek Mohalla, Naraihpur, The: Thanagazi,
Narayanpur, Narainpur, Alwar, Rajasthan.
47. Suresh Kumar, (D.O.B: 01.11.1986), S/o Sahi
Ram, Date of joining: 10.08.2018, Regd. No.
427/7150(A),
R/o Ghanau, Ghanau Churu, Rajgarh, Rajasthan-
331023.
48. Arjun Kumar, (D.O.B: 13.07.1988), S/o Tiloka
Ram, Date of joining 10.08.2018, Regd. No.
513/10088, R/o Kabutaro Ka Chohta, Daspan,
Jalor, rajasthan-343029.
49. Govind Sethi, (D.O.B: 31.12.1989), S/o Madan Lal
Sethi, Date of joining: 10.08.2018, Regd. No.
7949/284, R/o 666, Raigaro Ka Mohalla, Samod, Th:
Chomu, Samod, Jaipur, Rajasthan-303806.
50. Mahesh Meena, (D.O.B:
51. Sudhir Kumar Yadav, (D.O.B: xx/xx/1986), S/o
Singh Raj Yadav, Date of joining: 10.08.2018, Regd.
No. 14002/173,R/o Riwali, Rewali Behror, Alwar,
Rajasthan-301701.
52. Menka Kumari, (D.O.B: 15.06.1984), D/o Bishana
Ram, Date of joining: 10.08.2018, Regd. No.
893/414, R/o 17, Nirmal Nagar Vistar, Benad Station,
Jhotwada, Jaipur, Rajasthan-302012.
(17)
53. Sonu Bhai, (D.O.B:
54. Pushpa, (D.O.B:- 10.01.1985), C/o Suleman, Date of
joining: 10.08.2018, Regd. No. 4853/346,
R/o 91/77, Block. 91, Jatav Basti, Mayur Vihar,
Phase-1, East Delhi,
Delhi-110091.
55. Vikas Sabal, (D.O.B: xx/xx/1987), S/o Bhagirath Mal
Sabal, Date of joing: 10.08.2018, Regd. No.
11225/490,
R/o Baori, Sikar, Baori, Rajasthan-332411.
56. Banwari Lal Lodhi, (D.O.B: 06.06.1987), S/o Mahi
Lal, Date of joining: 10.08.2018, Regd. No.
9469/441. R/o Gram Nasilpur, Tehsil: Rajakheda,
Bareh Mori, Dholpur,
Barehmori, Rajasthan-328001.
57. Preeti, (D.O.B: 04.02.19
61. Pradeep Kumar, (D.O.B: 18.06.1989), S/o Hanuman
Prasad Dadiya, Date of joining 10.08.2018, Regd. No.
14003, R/o Behind Taxilla School, Ward No. 8,
teachers colony, Behror, Alwar,
Rajasthan-301701.
62. Anil Sain, (D.O.B: xx/xx/1987), S/o Nand Lal Saini,
Date of joining: 10.08.2018, Regd. No. 14005, R/o
Ward No. 23, Om Colony, Churu, Rajasthan-331001.
63. Sandeep Kumar Yadav, (D.O.B: 1991), S/o Ratti Ram
Yadav, Date of joining: 10.08.2018, Regd. No.
14008, R/o Kuri Ki Dhani, Rajpura Sikar, Rajasthan-
332718.
64. Rakesh Kumar Kuri, (D.O.B: 1992), S/o Geegraj.
Date of joining: 10.08.2018, Regd. No. 14001,
R/o Ward No. 11, Dhaani Khejada Wali Kheri, Jajod,
Sikar, Rajasthan- 332722.
65. Sanya Parvez, (D.O.B: 02.02.1980), D/o Pravez
Naseem, Date of joining: 10.08.2018, Regd. No.
3423, R/o H.No. 1280-61 kalanMahal, Pataudi
House, Daryaganj, Delhi- 110002.
(18)
66. Sanju Kumari, (D.O.B: 01.01.1990), D/o Hawa
Singh, Date of joining:
10.08.2018, Regd. No. 4822, R/o Village Jaitpur,
Distt. Jhunjhnun, Rajasthan.
67. Vishnu Kumar Sharma, (D.O.B: 1987), S/o Mangi
Lal Sharma, Date of
joining: 10.08.2018, Regd. No. 3778/306,
R/o A/24, Kaushal Nagar, Ward No. 20, Bandikui,
The: Baswa, Bandikui, Dausa, Rajasthan-303313.
68. Sunil Kumar, (D.O.B: 14.04.1990), S/o Hosiyar
Singh, Date of Joining:
10.08.2018, Regd. No. 521/8266,
R/o E-447, Ground Floor, Madipiur, Colony,
Paschim Vihar, West Delhi, Delhi-110063.
69. Naha Devi (D0B:- 27/08/1989), W/o Sandeep Kr.
DOJ:-10/8/2018, Regd. No. 222/3251, R/o Berla
(19), Berla, Bhiwani, Haryana, 127308.
70. Janay Pappaachen, (DOB:-15-11-1989), D/o
Pappuchen&PG.DOJ: 10/8/2018,
R/o Palani Kumna Muriye Checkanal, Omelloer
Pathanthitta, Kerala.
71. Anil Kumar Yogi, (D.O.B: 08.03.1988), S/o Sardar
Mal Yogi, Date of joining: 10.08.2018, Regd. No.
6252, R/o 36, Keshav Nagar First, ajmer road bye
pass, murlipura, Charan nadi, Jaipur, Rajasthan-
302013.
72. Ravindra Singh, (D.O.B. 1988), S/o Deendayal, Date
of joining: 10.08.2018, Regd. No. 453/4683
R/o Kushwah, Bari, Dholpur, Bari, Rajasthan-328021.
Advocates: Shri Nalin Kohli, Sr. Advocate with Ms.
Nimisha Menon, Mr. G.D.Chawla,
Mr. Yogesh Sharma & Ms.Meenu Mainee)
versus
1. Union of india through its Secretary,
M/o Health and Family Welfare,
Baba Kharag Singh Marg,
(19)
New Delhi-110001.
2. Medical Superintendent,
Lady Hardinge Medical College,
Shaheed Bhagat Singh Marg,
Connaught Place,
New Delhi.
3. Director, AIIMS,
Ansari Nagar,
New Delhi-110029 ...respondents
(By Advocate: Shri Hilal Haider)
OA No.855/2022
1.Sandeep Kumar (Aged about 22 years) Group 'B'S/o Sh.
Dev Ballab Rai R/o B-39/A/4, Girraj Vihar,
Vinay Nagar, Awangpur Faridabad-121003
Mobile: 7053990338
2. Kaushal Kishor (Aged about 32 years) Group 'B'
S/o Sh. Ram Dass R/o A-1/482 Nand Nagri, Delhi-93
Mobile: 8586920701
3. Ashish Ranjan (Aged about 24 years) Group 'B' S/o Sh.
Shankar Kumar Sinha R/o C-464, 4th Floor, Budh Nagar,
Inderpuri, New Delhi-12 Mobile: 9717680739
4. Rohit Rai (Aged about 32 years) Group 'B' R/o H.No.
367, Chirag Delhi, Mobile: 8076193380
S/o Sh. Ramesh Chander
New Delhi-110017
5.Rajni (Aged about 26 years) Group 'B' S/o Sh. Yogesh
Dhankhar R/o RZ-76, A Block, Street-6, Phase-5 Prem
Nagar, Najafgarh, Delhi-110043 Mobile: 9990601503
6.Junaid (Aged about 28 years) Group 'B' R/o D/127,
Abdul Fazal Enclave, Okhla S/o Mohd. Taqi Delhi-110025
Mobile: 9917877300
7. Kaveri (Aged about 30 years) Group 'B' S/o Sh. Akash
Kumar R/o 315, F-Block, Gali no. 7/5, Prahalad Vihar New
Delhi-110042
(20)
Mobile: 7827306492
8.Diksha Rawat (Aged about 26 years) Group 'B' R/o D-
45, Street No. 2, East Vinod Nagar, S/o Sh. Bhim Singh
Rawat New Delhi-91
Mobile:97114607618
9.Geetanjali Aamber (Aged about 27 years) Group 'B' D/o
Sh. Dharmender Kumar R/o E/168, Madipur Colony, West
Delhi New Delhi-110063 Mobile: 9716681734
10.Amit Kumar (Aged about 28 years) Group 'B' S/o Sh.
Ganga Prasad R/o A-16, Gali No. 38, Baprola Vihar, New
Delhi-43 Mobile: 9910796164. ...Applicants
Advocates: Shri Nalin Kohli, Sr. Advocate with Ms.
Nimisha Menon, Mr. G.D.Chawla,
Mr. Yogesh Sharma & Ms.Meenu Mainee)
versus
1. Union of india through its Secretary,
M/o Health and Family Welfare,
Nirman Bhawan, New Delhi-110001.
2. The Medical Superintendent,
Lady Hardinge Medical College,
Shaheed Bhagat Singh Marg,
Connaught Place,
New Delhi-110001.
3. The Director, AIIMS,
Ansari Nagar,
New Delhi. ...respondents
(By Adv.:Sh.AvneeshGarg with Sh.Harsh Pal)
OA No.506/2022
1. Ravi Shankar Bungaliya, Group-B Aged about 30 yrs.
S/o Sh. Mangal Chand Bungaliya, R/o B-159, S/F,
Gali No. 13, Nanhey Park, Uttam Nagar, Delhi-59.
2. Josephine Massey, Group - B Aged about 33 yrs.
W/o Sh. Manish Massey R/o 135B, E-Pocket, Dilshad
Garden Delhi-110095
3. Ajay Kumar Bhuria, Group - B
(21)
Aged about 36 yrs. S/o Sh. Durga Dutt Bhuria
R/o B-21, Sanjay Colony, Shiv Path Panipech
Jaipur, Rajasthan
4. Rakesh Kr. Sharma, Group-B Aged about 32 yrs.
S/o Sh. Ashok Kr. Sharma R/o 579, Janta Flat,
Dilshad Garden, Delhi-110095
5. Seema Rani, Group - B Aged about 34 утв.
D/o Sh. Krishan
R/o H.No. 378, VPO Bankner,
Narela, Delhi-110040
6. Basanti Kumari, Group - B Aged about 30 yrs.
D/o Sh. Devi Singh Lamba R/o W2-45A, Roshan
Garden, Najafgarh, New Delhi-110043
7. Asem Shandhiyarani Devi, Group - B Aged about 36
Yrs D/o Sh. Asem Kujarjit Singh R/o Safdurjung
Enclave, Krishna Nagar, Delhi
8. Manjita, Group-B
Aged about 34 yrs. D/o Sh. Madan Pal Singh R/o
H.No. 188/2, Baghpat Road, Multan Nagar, Meerut
9. Sakshi, Group-B Aged about 31 yrs. D/o Sh. Madan
Lal R/o H.No. 195, Pocket-7, New Milleneum
Apartment, Sector 21, Rohini, Delhi-85
10. Rekha Negi, Group - B Aged about 33 yrs. D/o Sh.
Man Singh Negi R/o 17-B, Sector 11, Noida (UP)
11. Veenus, Group-B Aged about 33 yrs.
S/o Sh. Sukhbir Singh Dalal
R/o 1010/13, Gali No.54,
Sanjay Colony, Sector 23,
Faridabad.
12. Neha Bhardwaj, Group - B Aged about 30 yrs. D/o
Sh. Vijay Kumar Sharma R/o H.No. 202, Kundan
Estate, Sector 15, Gurugram
13. Mahesh Kumar Yadav, Group - B Aged about 32 yrs.
D/o Sh. Lal Chand Yadav R/o Gadoj - Tehsil Behror,
Rajasthan 301701
(22)
14. Sushil Kumar, Group - B Aged about 33 yrs. S/o Sh.
Hari Om Kaushik R/o H.No. 1115, VPI Dichaon Kalan,
Gali Ram Lal Pura, Najafgarh, New Delhi-110043
15. Jyotika Lall, Group - B Aged about 33 yrs. D/o Sh.
Sushil S. Lall R/o Mission Compound, Agra Road,
Etah-207001 (UP)
16. Tanu, Group - B Aged about 30 yrs. D/o Sh.
Narender Singh R/o B-41, Ambedkar Colony,
Chattarpur, New Delhi-74
17. Deepak, Group - B Aged about 32 yrs. S/o Sh.
Ishwar Singh R/o Ismaila, 11/B, Distt Rohtase,
Haryana
18. Kailash Pilanian, Group - B Aged about 34 yrs. S/o
Sh. Dalu Ram Pilanian R/o VPO Sutot, Distt. Sikar-
332041, Rajasthan.
19. Thakur Dutt, Group-B Aged about 35 Yrs S/o Sh.
Narottam Lal R/o GIP Dahing Gaon, Tehsil Roopvas
Distt. Baharatpur, Rajasthan 321402
20. Neerja Sharma, Group - B Aged about 31 yrs. D/o
Sh. Pardeep Kumar Sharma R/o F-272-A, 3rd Floor,
Gali No. 12, Pandav Nagar, Mayur Vihar, Phase-I,
New Delhi-110091
21. Poonam Devi, Group - B Aged about 33 yrs.
D/o Sh. Shiv Ram R/o Bilaspur Sadar (Tehsil), Sadar
Himachal Pradesh-174013, VPO Harnora
22. Parmila, Group - B Aged about 31 yrs. D/o Sh. Om
Prakash R/o Omax City, Sector 19 Sonipat
23. Yogesh Kumar Yadav, Group - B Aged about 32 yrs.
S/o Sh. Roshan Lal R/o Vill Shivdan Singh Pura, Post
Khohar, Tehsil Behror Alwar, Rajasthan-301709
24. Monica, Group - B Aged about 30 yrs. D/o Sh. Satish
Kumar R/o H.No. 327, Street No.2, Tan Singh Nagar,
Anandparbat, Karol Bagh, New Delhi.
25. Harpreet Singh Group - B, Aged about 34 yrs. D/o
Kuldeep Singh Ro Village Safipur, PO Khabe Dogran
(23)
Distt. Amritsar, Punjab-143001
26. Ms. Preeti, Group-B Aged about 29 yrs.
D/o Sh. Ishwar Singh
R/o VPO Tihara Khurd, Sonepat,
Наryana-131022
27. Poenam, Group-B
Aged about 32 yrs. Do Sh. Satbir Singh R/03/25,
Veena Enclave, Nangloi Delhi-110041
28. Ashwini Kumar Sharma, Group-B Aged about 32 yrs.
So Sh. Ashok Kumar Sharma Rio Main Market
Thanagari Distt. Alwar-301022
29. Pooja, Group-B Aged about 32 yrs. Doo Sh. Dharm
Pal Dahiya Rio H.No. 27, Pocket-C-7, Sector 7. Rohini
Delhi-85
30. Jay Shankar, Group-B Aged about 30 yrs. So Sh.
Hotam Singh R/o Papal Mandi VPO Basai Nawab.
Tehsil Saipau Dist. Dholpur (Rajasthan)-328023
31. Ram Kenwiliu, Group-B Aged about 32 yrs. D/o Sh.
Kaingam Wangbo R/ H.No. 86 D/1, Gali No. 4 Krishna
Nagar, Safdarjang Enclave, New Delhi-110029
32. Tingneivah Dimngel, Group - B Aged about 34 Yrs
S/o Sh. Sehsat Dimngel R/o H.No. 76-A, Munirka,
New Delhi-67
33. Nisha Malik, Group - B Aged about 31 yrs. D/o Sh.
Madan Lal Malik, R/o F-6, Mata Chowk, Mata Wali
Gali Mahipalpur, New Delhi-39
34. Akhilesh Kumar Yadav, Group -B Aged about 34 yrs.
S/o Sh. Om Prakash Yadav
R/o VPO Kankardopa, Tehsil Behror Distt Alwar
(Rajasthan)
35. Sanjana, Group - B Aged about 34 yrs. D/o Sh.
Rakesh Kumar Tyagi R/o H.No. 164, Gali No. 5,
Shivpuri, Niwari Road, Modi Nagar, (UP)
36. Savita Sachdeva, Group - B Aged about 34 yrs.
D/o Sh. Jagdish Kumar R/o H.No. 298, Mohalla Kot
(24)
Near Primary Kot School, Sonipat-131001
37. Arti, Group-B Aged about 30 yrs.
D/o Sh. Satayariaryan Singh
R/o B-110, Gali No.8, Pradeep Vihar,
Burari, New Delhi-84.
38. Richa, Group-B Aged about 34 yrs.
D/o Sh. Rufey
R/o WZ-96, Om Vihar, Phase-3,
Uttam Nagar, New Delhi-59.
39. Suman, Group-B Aged about 33 yrs.
D/o Sh. Ramesh R/o VPO Mungan, Distt. Rohtak
Haryana, Pin 124001
40. Meenakshi, Group-B Aged about 32 yrs.
D/o Sh. Suresh Kumar R/o Gali No. 1B, Bank Colony,
Near Chander Vatika, Najafgarh Road, Bahadurgarh,
Jhajjar, Haryana
41. Naresh Kumari, Group - B Aged about 35 yrs.
W/o Sh. Vikash R/o RZF-762/41, Gali No. 4/5, Raj
Nagar, Part-2, South West, Delhi-110077.
42. Sonia Choudhary, Group-B Aged about 30 yrs.
D/o Sh. Rajbeer Singh R/o H.No. 388/10, Extn 2,
Block-C Nangloi, Delhi-41
43. Supriya Minj, Group - B Aged about 30 yrs.
D/o Sh. Adlos Minj R/o Jhonpur, Sisai Road Gumla
Jharkhand-835207
44. Preeti, Group - В R/o H.No. 1802/31, Shastri Colony,
Near Gohana Road, Bypass, Sonipat-131001
45. Deepika Kumari, Group - B Aged about 31 yrs.
W/o Sh. Dwarka Dass
R/o RZF-153/11A, Gali No. 23, Sadh Nagar, Palam,
New Delhi.
46. Subha Mathew, Group - B Aged about 32 yrs.
D/o Sh. K.A. Mathew R/o D-2605, Apex, Tehsil
Kremlin, Siddharth Vihar, UP-2001009.
47. Iram Mughal, Group - B Aged about 30 yrs.
(25)
D/o Sh. Nawabuddin Mughal
R/o 1 Masjid Compound, Gurudwara Rakab Ganj
Road, New Delhi-01
48. Deepika Singh, Group - B Aged about 30 yrs.
D/o Sh. Gajaendra Singh R/o Flat No. 14, 2nd Floor,
Plot No. 37-38, Street-3, Block-E
West Vinod Nagar, East Delhi-92
49. Sonu, Group - B Aged about 33 yrs.D/o late Sh.
Chunni Lal, R/o 56/B LIG Flats,
Madhuva Enclave, Madipur Metro Station, Delhi-63
50. Jyoti, Group - B Aged about 28 yrs. D/o Sh.
Ramrattan R/o H.No. 175/D, Ward No. 8, Parnamy
Colony, Ganaur, Sonipat
51. Kranti, Group - B Aged about 36 yrs. W/o Sh.
Hansraj , D/o Sh. Daulatram, R/o Vill. Panol, Tehsil
Ghumawin-174021
Distt. Bilaspur, Himachal Pradesh.
52. Sekhoo Ram Gurjar, Group - B Aged about 33 yrs.
S/o Sh. Jai Mal Gurjar R/o Vill. Inagdet Kalan Post
Neemuchana, Tehsil Bansur,
Distt Alwar-301024
53. Kishor Kumar Chachondiya, Group - B Aged about 34
yrs. S/o Sh. Lal Chand Chachondiya
R/o RZF-568, Netaji Subhash Marg. Raj Nagar-II,
Palam Colony, New Delhi
54. Ms. Parul, Group - B Aged about 35 yrs. D/o Sh.
Prem Prakash R/o 6571, Katra Dinelahi Nabi Karim
Paharganj, Delhi
55. Kritika Malik, Group - B
Aged about 29 yrs. D/o Sh. Ashok Kumar
R/o WZ-24, Todapur, New Delhi
56. Reena, Group - B Aged about 35 yrs.
D/o Sh. Mool Chand R/o H.No. 4, Street No. 14, A-I
Block, Bangali Colony, Delhi
57. Mahendra Singh Meena, Group - B Aged about 33
yrs. S/o Sh. Bhuralal Meena R/o Vill. Dholera Alwar,
(26)
Rajasthan
58. Arunima S. Ram, Group-B
Aged about 33 yrs. D/o Samual B. Ram
R/o R-35, R-Block, Mohan Garden,
Uttam Nagar, West Delhi-110059.
59. Bhawna, Group-B
Aged about 35 yrs. W/o Inderjeet
R/o 706, IInd Floor, Paschim Puri, New Delhi.
60. Ashok Kumar Gurjar, Group - B Aged about 31 yrs.
S/o Sh. Prahlad Ram R/o VPO Narayanpur, Thekla Ki
Dhani, Thana Gaji, Alwar (Rajasthan)
61. Anoop V.R., Group - B
Aged about 32 yrs. S/o Sh. Raju V.R.
R/o H.No. 86, 3rd Floor, GKIN Block, New Delhi
62. Ram Singh Yadav, Group - B Aged about 31 yrs. S/o
Sh. Shankar Lal Yadav R/o VPO Bhuri-Bhraj
(Dhalera) Tehsil Paota Distt. Jaipur Rajasthan-
303107
63. Leena K.K., Group - B Aged about 35 yrs.
D/o Sh. Chandran M. R/o 28/11, 2nd Floor, Indra
Vikas Colony, Mukherjee Nagar, Near GTB Nagar
Metro Station, Delhi
64. Dharmendra Sevda, Group - B Aged about 35 yrs.
S/o Sh. Hema Ram R/o Sevdo Ka Mohalla,
Alakhpura, Bogan Sikar Rajasthan-332312
65. Savita, Group - B Aged about 36 yrs.
D/o Sh.Dilbag Singh, R/o R-H.No.19, Near Dada
Bheya Mandir Saidpur (239) Sonepat, Saipur,
Haryana.
66. Rekha, Group-B Aged about 35 yrs.
D/o Sh. Ishwar Singh
R/o H.No.685, Gurukul Road, Khera Khurd,
North West Delhi-82.
67. Reena Mann, Group - B Aged about 34 yrs.
W/o Sh. Sandeep Mann R/o 1122, Lijjey Ram Estate,
Alipur, North West Delhi-36.
(27)
68. Rekha, Group -B D/o Rajender Singh
R/o H. No. 390, Gali Jain Mandir, Village-JHORODA,
South Delhi-110072. ...Applicants.
Advocates: Shri Nalin Kohli, Sr. Advocate with Ms.
Nimisha Menon, Mr. G.D.Chawla,
Mr. Yogesh Sharma & Ms.Meenu Mainee)
versus
1. Union of india through its Secretary,
M/o Health and Family Welfare,
Nirman Bhawan, New Delhi-110001.
2. Medical Superintendent,
Ram Manohar Lohia Hospital,
M/o Health and Family Welfare,
Baba Kharg Singh Marg,
New Delhi-110001.
3. Director, AIIMS,
Ansari Nagar,
New Delhi-110029 ...respondents
By Advocate: Shri Sanjay Kr.Pathak)
OA No.510/2022
1. Ravi, Group - B Aged about 31 yrs.
S/o Sh. Rajendra Kumar
R/o H-Block, 226, East Jawahar Nagar,
Loni, Ghaziabad - 201102 (UP).
2. Shalini, Group - B Aged about 31 yrs.
D/o Sh. Rakesh Kumar
R/o C-95A, Ganesh Nagar, Delhi-92
R/o H.No. 220, Gowal Mandi
Ferozepur Cantt-152001.
3. Honey Kumari, Group - B
Aged about 30 yrs.
D/o Sh. Padam Kumar
R/o House No. 110, Near Model Town-I
Kingsway Camp, Delhi-110009
(28)
4. Monika, Group - B Aged about 31 yrs.
D/o Sh. Bhim Singh Yadav
R/o R-2-67/43A Shadh Nagar-II Gali No. 27, G
Patam-110045.
5. Neeraj Kumar Mali, Group - B Aged about 32 yrs.
S/o Sh. Dhanraj Mali
R/o Naya Balar Bhaikara
Kalkaji Mandir Ke Pass, Gali No. 3,
Bhatkara, Sirohi Rajasthan-307001. ...Applicants
Advocates: Shri Nalin Kohli, Sr. Advocate with Ms.
Nimisha Menon, Mr. G.D.Chawla,
Mr. Yogesh Sharma & Ms.Meenu Mainee)
versus
1. Union of india through its Secretary,
M/o Health and Family Welfare,
(MEP Section) Nirman Bhawan,
New Delhi-110001.
2. Medical Superintendent,
Ram Manohar Lohia Hospital,
Baba Kharag Singh Marg,
New Delhi-110001.
3. Director, All India Institute of Medical Sciences,
Ansari Nagar, New Delhi-110029. ...respondents
(By Advocate:Shri Sanjay Kumar Pathak)
ORDER
Hon'ble Mr. Sanjeeva Kumar, Member (A):
Learned counsel for the parties admit that the issue involved in all the captioned OAs are identical and the arguments are also identical. Accordingly, with the consent of the learned counsel for the parties, the matters were clubbed together and have been heard together (29) today. Learned counsel for the parties further pleaded for keeping OA No.509/2022 as the lead case, the said OA has been filed under Section 19 of the Administrative Tribunals Act, 1985 wherein the applicants have sought the following reliefs and interim relief:
Relief
a) Quash and set aside the one month notice of termination dated 14.02.2022, which would otherwise become effective on 14.03.2022.
b) Quash and set aside the impugned recruitment notice no. 2021 (dated 16.10.2021), to the extent that the same does not prescribe any preference for the contractual staff nurses having served 100 days on covid duty and further directing respondents to implement the order dated 03.05.2021 issued by respondent no.1 by prescribing the method of grant of preference in regular employment and granting the same to applicants
c) Direct respondents to consider and declare the methodology for the preference to be given to the contractual staff having completed 100 days of covid duty by way of amendment of advertisement and online application form.
d) Direct the respondents to consider granting of 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 in the ensuing recruitment/selection process along with the preference promised to them on 03.05.2021.
e) Direct Respondent no.1 to get the recruitment /selection process conducted by the Staff Selection Process instead of respondent no.3. since the SSC is the designate 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.
f) Direct respondents to grant Age Relaxation to the (30) applicants in lieu of the service rendered by them till date on contract basis and their services may be regularized giving them the preference as directed by Respondent no. 1 in their order dated 03.05.2021.
g) Accord all consequential benefits
h) Award costs of the proceedings; and
i) Pass any other order/direction which this Hon'ble Tribunal deem fit and proper in favour of the applicant and against the respondent in the facts and circumstances of the case.
Interim Relief Pending decision in OA, this Hon'ble Tribunal may graciously be pleased to restrain the respondents from discontinuing with the services of the applicants till the pendency of this OA, by way of an ex-parte ad-interim order and by staying the operation of the notice dated 14.02.2022 as has been stayed by this Hon'ble Tribunal in OA 2635/2021 vide its order dated 16.02.2022.
2. Brief facts of the case, as narrated in the OA, are that Respondent No.1 is the Nodal Ministry under which the four hospitals i.e. Dr RML Hospital, Safdarjung Hospital, Lady Hardinge Medical College and Sucheta Kriplani Hospital and Kalawati Saran Children's Hospital function. The above four hospitals are funded by Respondent no.1 and are under the direct control and supervision of the same. In order to run the hospital services smoothly, a decision to initially appoint the applicants on contract basis was taken by Respondent No.1. After seeking necessary approvals and on its directions, the applicants were appointed after following due selection process. (31)
3. The applicants are presently working as Staff Nurse on contract basis in various hospitals under the Directorate General of Health Services, Ministry of Health and Family. Welfare. 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 Medical College and Sucheta Kriplani Hospital and Kalawati Saran Children's Hospital was issued by respondents and applicants had applied against the said vacancies. Due selection process was conducted and interviews were held wherein the applicants had competed against other candidates. On the basis of the said selection, a merit list was drawn and on the said merit, offer letters were issued to the successful candidates. Interviews were held in October, 2015 and result was finaly declared in February 2016.
4. The applications of the candidates were scrutinized and eligible candidates were called for interview. In this regard, a notice dated 10.12.2015 was issued by the LHMC & Associated Hospitals. It can therefore be said that the selection process was a well thoughtout and a long drawn process and only after going through the same and being declared successful the applicants were appointed as Staff (32) Nurse on contract basis.
5. In February, 2016, respondents deployed the applicants on contract basis against the vacant posts, directly for a period of six months. The initial engagement of six months has been subsequently extended and continued vide various written orders, however, with an artificial break of one day. Till date, the applicants have been provided extension letter only three times, i.e. firstly on 19.08.2016, secondly on 25.04.2017 and thirdly on 06.12.2017. Thereafter, the applicants are working till date without having any letter of extension served upon them. Meaning thereby applicants have been continued in service beyond the very terms and conditions under which they were engaged granting them semi permanent/regular status. Although initially 323 candidates were engaged on contract basis but slowly due to exigency of work the number of contract employees were increased to 709. On 17.03.2017, permission and approval from the Integerated Finance Division for further extension of the services was granted and the same was conveyed by respondent no. 1 to various hospitals. It is submitted that in total 709 employees were engaged on contract basis and this was done after seeking due approval from the competent (33) authority, including the Integrated Finance Division. Respondents themselves did not deem it necessary to issue the continuation of contract orders as it was believed by them that the nature of the services of the applicants had by way of efflux of time achieved permanent status and so also the applicants were made to believe.
6. The respondents did not pass any order of extension of services after 17.03.2017 and yet suddenly the order dated 19.07.2019 was issued whereby services of the applicants have been extended uptill 30.09.2019 and 12.1.2019. When the covid pandemic struck the country all the aforesaid hospitals were declared covid dedicated hospitals and various directions and restrictions imposed on medical staff including the applicants. On 03.04.2020, a notice was issued and it was directed that no resignation of any medical staff including the contractual nursing staff, like the applicants, would be accepted and strict disciplinary action would be taken against whosoevếr attempts to avoid covid duty including sending names to the nursing council of the contractual staff for taking appropriate action as per law. Applicants were also threatened with legal action under Disaster Management Act 2005.
7. Respondents have caused an advertisement on the (34) wébsite for purposes of direct recruitment to the post of Nursing Officer. Upon coming to know of the advertisement, the applicants approached their authorities at the respective hospitals where they are working, seeking information regarding their status, but no satisfactory reply was received. It is submitted that advertisement dated 16.10.2021 is the immediate cause of worry for the applicants since the said advt/online application form does not give any preference to those contractual staff who have completed 100 days of Covid Duty. No information with respect to the covid duty carried out by the applicants has been sought. There is no column/space in the online application form where the applicants could specify the number of days of Covid duty carried out by them. Thus, it is clear that no preference or even recognition of the covid duty carried out by the applicants would be given to them. As such, this is clear cut violation of the directions of respondent no.1 and therefore the advertisement notice deserves to be quashed on this ground alone. From the aforesaid advertisement, it is clear that this is a case where the recruitment drive has been initiated at the instance of respondent no.1. The applicants are thus aggrieved by the action of respondent no.3 in not following the instructions (35) dated 03.05.2021 by the recruiting agency.
8. The respondents in their counter reply have raised preliminary objections stating that the present O.A. is liable to be dismissed on the sole ground that the applicants were presently working as Nursing Officer purely on contractual basis in the Hospital of Respondent No. 2, Dr. Ram Manohar Lohia Hospital, New Delhi against regular vacant posts. The applicants were engaged on contract basis on a consolidated remuneration of Rs. 37,500/- per month w.e.f. 2016 initially for a period of six months with the condition that the applicants will not have any claim whatsoever for regular employment for the period applicants served in this Hospital on contract basis. The appointment can be terminated by giving a notice of one month by either party. The period of contract with the applicants were extended till regular candidates are appointed. As far as letter dated 03.05.2021 of Respondent No.1 (Ministry of Health & Family Welfare) which states that the Central Government recommends to State/UT Government to consider giving preference in regular government appointments of Health professionals through the respective Public Service Commission/ other recruitment bodies, for those Health Professionals under this special scheme, who complete a (36) minimum of 100 days of Covid related duty is not applicable to the applicants, as they were engaged on contract basis in 2016, well before the onset of Covid.
9. The applicants were selected on the basis of Walk-in- Interview. The same was done to meet the emergent requirement of the Institution of Respondent No. 2, Dr. Ram Manohar Lohia Hospital, New Delhi for providing Nursing care to the patients, visiting the Hospital till the appointment of Nursing Officers on regular basis. Further, it is submitted that the applicants did not go through the rigors of competitive examination which needs to undergo selection to the post of Nursing Officer on regular basis. As per the notified Recruitments Rules for the post of Nursing Officer, there is no provision of giving any preference to the contractual staff working as Nursing Officer. Thus, the original application before this Tribunal merit rejection on the sole count that no preference other than those envisages in the notified Recruitment Rules. The Recruitment Rules are notified under Article 309 of the Constitution, therefore, the Government of India Ministries/Departments are bound to adhere to the provisions of notified Recruitment Rules. In the present case, the applicants were engaged Nursing Officer on (37) contractual basis.
10. The learned counsel for the respondents draw our attention to order of this Tribunal in OA No. 2276/2017 dated 24.10.2018 against the termination order dated 16.06.2017 as under:
"3. This Tribunal while issuing notice on 13.07.2017, directed the respondents to continue the services of the applicants on first come last go basis, if there are still vacancies, even after joining of the regularly recruited candidates.
The respondents vide their counter stated as under:
"Further, offers of appointment have been sent to 226 candidates, who were found eligible on the basis of examination conducted by All India Institute of Medical Science in January, 2017 for appointment of regular basis. On the joining of these successful candidates, all the vacant posts in the cadre of Nursing Officer in Dr. RML Hospitals would be filled up. Thus, it will become necessary to terminate the services of Staff Nurses appointed on contract basis on first come last go basis. It is humbly submitted that Staff Nurses appointed on contractual basis will be replaced by the Staff Nurses selected through competitive examination for appointment on regular basis. Further, the contractual staff nurses would be replaced by Staff Nurses to be appointed on regular basis."
The respondents contend that it is the settled principle of law that if a vacancy is filled up with regular recruitment, any person who is working on casual/daily wage/contract/temporary basis etc. has to give way to the regularly recruited employees."
11. In order to facilitate expeditious selection process for filling up vacant posts of Nursing Officers in the four (38) Central Government Hospitals viz Dr. R.M.L Hospital, Safdarjung Hospital, Lady Hardinge Medical College and Sucheta Kripalini Hospital, and Kalawati Saran Children Hospital. Respondent No. 3, All India Institute of Medical Science, New Delhi issued the advertisement for filling up the posts of Nursing Officer through a competitive examination to be conducted by them in terms of decision taken by Ministry of Health & Family Welfare in the capacity of competent authority. AIIMS has already conducted the Written Examination in 2017 and 2019 also on behalf of all four Central Government Hospitals including Dr. RML Hospital. Hence, the present O.A. has no merit and the same is liable to be dismissed"
12. The respondents argue that the instant OA is identical in nature and it deserves to be disposed in the light of the above judgment.
13. We have perused the pleadings on record and also heard Shri Nalin Kohli, senior advocate with Ms.Nimisha Menon, Shri G.D.Chawla, Shri Yogesh Sharma and Ms. Meenu Mainee, learned counsel appearing for the applicants and Shri Hilal Haider, Shri Dilbagh Singh, Shri Manish Kumar, Shri Sanjay Kr. Pathak, Shri Avneesh Garg with Shri Harsh Pal, Shri Ashwani Kumar, Shri Ram Kawar (39) Dhillon, Shri G.S. Virk, Shri Anand Verma with Shri Ayush Gupta, Shri Vanshika Gautam for Shri Kaushal Gautam at length.
14. The learned counsel for the applicants has drawn our attention to the communication of respondent no 1 dated 03.05.2021, which was sent to all the States and UTs on the subject of Augmenting of Human Resources for COVID-19. Para 17 of the said Communication states as follows:
"17. The Central Government recommends to State/UT Governments to consider giving preference in regular Government appointments of Health professionals through the respective Public Service Commission/ other recruitment bodies, for those Health Professionals under this special scheme, who complete a minimum of 100 days of Covid related duty."
15. It is also stipulated in Para 13 of the Communication that all Health professionals thus engaged will be covered under the Insurance Schemes of Government for health workers fighting Covid-19 and all the health workers who signed up for minimum 100 days of Covid duty and completed it successfully will be given the Prime Minister's Distinguished Covid National Service Samman through Government of India in recognition of the invauable service rendered by them during Covid-19 and in the (40) same spirit the Health professionals who had completed minimum of 100 days of Covid related duty were to be given preference in government regular appointments of Health professionals through various modes of recruitments. However, the impugned order dated 16.10.2021 wherein the posts were advertised for Nursing Officers in four Central Government Hospitals, para 17 of the communication dated 03.05.2021 was clearly overlooked as there is no mention of any relaxation being accorded for those who had completed a minimum of 100 days of Covid related duty.
16. The learned counsel for the applicants also highlights a tweet from the Prime Minister's office dated May 3, 2021 stating that all such professionals who signed up minimum of 100 days and completed it successfully will also be given the Prime Minister's Distinguished National Samman from the Government of India. He has also brought to our notice certain paper cuttings stating to the effect health workers will get health insurance which is in a way reiteration of Communication dated 03.05.2021 issued by the respondent no.1 i.e. Ministry of Health and Family Welfare, Government of India.
(41)
17. Learned counsel for the applicants contends that the impugned advertisement dated 16.10.2021 clearly violates the circular issued by the Ministry of Health and Family Welfare, Govt. of India and it is surprising that their Communication has been glossed over by none other than their own institutions by issuing such advertisement, which is liable to set aside.
18. He also draws our attention to the order of the Hon'ble Supreme Court in a Suo Motu Writ Petition (Civil) No.3/2021 dated 30.04.2021 passed in the wake of unprecedented humanitarian crises in the country, following the out-break of Covid-19 pandemic. Relevant portion of the said judgment reads as follows:
"70. Hence, in the present proceedings, we hope to not only initiate a dialogue so as to better tackle the current COVID-19 pandemic but also to preserve its memory in our public records, so that future generations may evaluate our efforts and learn from them.
71. We speak not only as members of this Court, but also as grateful citizens of the country, and commend the outstanding work of our all healthcare professionals (doctors, nurses, healthcare workers, laboratory technicians, ward staff, ambulance drivers, crematorium workers etc.) during this crisis. They have truly gone beyond their call of duty and toiled day in and day out, relentlessly without rest amidst great challenges. It is absolutely necessary to take urgent steps for their well-being to ensure that our appreciation for their tremendous efforts is not reduced to rhetoric. This is especially important since (42) another factor which affects how collective public memory of any event is created is by the rhetoric surrounding. As such, our public memory of this public event has to transcend its conception as a "war" against the virus of COVID-19 itself, but rather to remember that it is "the complex epidemiological circumstances that promote these outbreaks and the under-resourced health systems that are tasked with disease containment. While the healthcare professionals have been at the forefront of tackling this crisis, we have to recognize their contribution as medical healthcare professionals who have undertaken "to protect public health using proven scientific evidence and best practices and to serve to community at large, and not just as "CORONA WARRIORS".
72 (ii) Healthcare personnel are at an obvious heightened risk of contracting the COVID-19 virus. However, we are aware of reports that indicate that infected healthcare personnel are left to fend for themselves without adequate availability of beds, oxygen or essential drugs. Further, some of them have also often been asked to report back to duty within 10 days of first testing positive for COVID-19 (provided they are asymptomatic), even though a longer recuperation period is often recommended. While we are dealing with a terrible second wave of the COVID-19 pandemic, there must be an effective policy to ensure that the nation truly acknowledges their effort and creates incentives for them. We hope it will be remedied soon by the Central and State Governments through the introduction of appropriate guidelines and measures."
19. Further, he places reliance on order dated 16.11.2023 passed by the Hon'ble High Court of judicature at Madras in Dr. D. Hariharan & Others vs. Union of India & Others wherein the claim of such health professionals who performed Covid-19 duty had been (43) initially denied in the process of fresh recruitment. The court in that case held that the rules can even be changed in the middle of the process for such health professionals given in compelling circumstances arising out of Covid+19 crises. The relevant portion of the judgment is as follows:
"The brief facts leading to the filing of these petitions are as follows:- On 11.10.2022, the Medical Services Recruitment Board (MRB), Government of Tamil Nadu, issued Notification No.11/MRB/2022, in and by which, it invited applications for direct recruitment to 1021 vacancies in the post of Assistant Surgeon (General) in the scale of pay of Rs.56,100-1,77,500. The selection was by a process of written examination consisting of two papers, namely, Tamil Language Test and the Main Paper. All the writ petitioners had applied and participated in the selection process. The examination was conducted on 25.04.2023. On 23.06.2023, the Tamil Eligibility Test Result and the Final Answer Keys were released by the MRB. The objections to the key answers were also considered and the keys are finalised. 1.1. While so, on 13.07.2023, a group of Doctors approached this Court by way of W.P.No.20742 of 2023, seeking for award of weightage marks for the duty rendered by them in COVID - 19 pandemic wards. Considering the fact that no scheme was put in place by the Government of Tamil Nadu, an interim stay was granted against issuing any appointment orders.
1.2. Thereafter, on 17.08.2023, the Government of Tamil Nadu issued G.O.(Ms).No.278, dated
17.08.2023, in and by which, it was decided to implement the direction of the Hon'ble Supreme Court of India in Suo Motu W.P.(Civil) No.3 of 2021 to grant incentives to those Health Professionals who worked for COVID - 19 related duty in regular Government appointments. Accordingly, 2-5 marks (44) were awarded to the Medical Officers as per the criteria contained in paragraph No.5 of the Government Order in respect of the above selection upon furnishing of the COVID Duty Certificate as directed in the Government Order.
5.1. COVID - 19 pandemic brought in an extreme and abnormal situation. Even the spouse and children of a person who died of COVID - 19 did not even come near and the body was packed in a bag and disposed off. The right of free movement throughout the country, right to assemble, right to celebrate weddings with friends and relatives were all curtailed. Places of worship, where worship and rituals should not stop even in war time, stood locked and closed. The inviolable law of limitation prescribing the last date for approaching Courts stood extended. Therefore, there was departure from normalcy in every aspect and that stood extended even to certain legal principles and of course, the approach is ad hoc and ad hominem applicable only in respect of the pandemic. The present grant of incentive marks is also a fall out of the COVID - 19 pandemic and therefore, we hold that the normal rule of changing the game during the course of the game also requires a different consideration in this context and the said rule cannot come in the way of grant of incentive marks to these Medical Officers who put their life at risk. Gratitude and recognition for service to mankind is very much part of our constitutional jurisprudence and if the incentive is not granted in the present selection, then it can never be."
20. Therefore, based on the above submissions and the cited judgments, the learned counsel for the applicants contends that the Nursing Officers completed 100 days Covid duty had definitive claim for preference given as per communication /notification issued by the Ministry of Health and Family Welfare, as well as the orders passed by the (45) Hon'ble Supreme Court and the Hon'ble Madras High Court as cited above. He also asserts that in fact the claim of the applicants is on a better footing because unlike in the case of Health professions in the cited case where the Hon'ble Madras High Court held that the rule can be changed in the middle of the process, as the communication dated 03.05.2021, was issued prior to the advertisement and not in the middle of the process.
21. He also submits that this is also a case where the applicants have legitimate expectation as held by the Hon'ble Supreme Court in WG CDR A.U. Tayyaba (Retired) and Others. Vs. Union of India and Others (2023) 5 SCC 688. The relevant portion of the said judgment is as follows:
"29. A person is said to have a reasonable or legitimate expectation if a representation or a promise made by an authority, either expressly or impliedly, gives room for such expectation in the normal course. While applying the doctrine of legitimate expectation, the primary considerations are reasonableness and fairness of the state action. In State of Jharkhand v. Brahmputra Metallics Ltd., Ranchi,10 this Court speaking through of one us (D.Y. Chandrachud J) elaborated on the doctrine of legitimate expectation in the following terms:
"45. ...The state must discard the colonial notion that it is a sovereign handing out doles at its will. Its policies give rise to legitimate expectations that the (46) state will act according to what it puts forth in the public realm. In all its actions, the State is bound to act fairly, in a transparent manner. This is an elementary requirement of the guarantee against arbitrary state action which Article 14 of the Constitution adopts."
22. In support of his contention he also leans on the judgment of the Hon'ble Supreme Court in State of Bihar and Others vs. Shyama Nandan Mishra 2022 SCC 554, which is on the same lines, as above.
23. Learned counsel appearing for respondent No.3 representing AIIMS, on the other hand, submits that the AIIMS was given responsibility of recruiting the Nursing Officers and the relevant guidelines and instructions provided to them had no mention of the Notification dated 03.05.2021 and as such they had merely followed the relevant guidelines given to them and beyond, this they had no role in the matter.
24. The other respondents reiterate the claim made in the counter to say that the case of the applicants is not covered under the said circular as they were contractual employees and they had no claim to any such regularisation. In support of their assertions, the order (47) passed by the coordinate Bench of this Tribunal in OA Nos.3616/2019 and 501/2022 on 01.12.2022 in Vinod Kumar Sharma & Others vs. Union of India & Others has been cited, more specifically paras 11 and 13 as follows:
"11. The applicants relying upon the notification of the Central Government dated 03.05.2021, submitted that they are entitled to be considered for giving preference for regular appointment as health professionals through the respective Public Service Commission or other recruitment bodies under special scheme. In our considered opinion, this notification of the Central Government is not applicable to the present circumstances as the applicants were appointed much prior to the outbreak of Covid-19. That apart, the fact remains that the applicants also earlier appeared for the examinations which were held for selecting regular Nursing Officers, however, they could not qualify the same.
13. Before parting with this judgment, we must make a reference to the decision of Apex Court in Narendra Kumar Tiwari & Ors. vs State of Jharkhand & Ors.(supra), relied upon by Mr. Gonsalves, learned senior counsel for the applicants. He places heavy reliance on para 10 of the said judgment which reads as follows: "10. Under the circumstances, we are of the view that the Regularisation Rules must be given a pragmatic interpretation and the appellants, if they have completed 10 years of service on the date of promulgation of the Regularisation Rules, ought to be given the benefit of the service rendered by them. If they have completed 10 years of service they should be regularized unless there is some valid objection to their regularization like misconduct etc." In the aforesaid case, the Apex Court considered the grant of benefits of Regularization Rules framed by the State of Jharkhand in the year 2015 for the employees who had not completed 10 years of service as on the cut-off date ie. 10.04.2006. The Apex Court while taking note of the fact that the (48) State of Jharkhand came into existence only on 15.11.2000, held that the Regularization Rules must be given a pragmatic interpretation, and if the candidates had completed 10 years of service on the date of promulgation of the Regularization Rules, they ought to be given the benefit of service rendered by them. In our opinion, the ratio of this decision cannot be made applicable here as in the present case, there are no Regularization Rules, and accordingly, there is no question of completion of 10 years of service on promulgation of such rules. The applicants cannot escape the criteria laid down in Umadevi (Supra) wherein it has been categorically held that it is not open to the Courts to prevent regular recruitment at the instance of temporary employees whose period of employment may have come to an end or of ad-hoc employees who, by very nature of their employment, do not acquire any right.
14. Taking the totality of the facts and circumstances of the case into consideration, we do not find any merit in both the Original Applications and the same are accordingly dismissed. Pending MA(s), if any, shall stand disposed of. There shall be no order as to costs."
25. The respondents have also relied upon the judgment of the Hon'ble Supreme Court in Ganesh Digamber Jambhrunkar & Others vs. The State of Maharashtra & Ors. Vide SLP (C) No.2543/2023 decided on 20.09.2023. Relevant portion of the said judgment reads as under:
"We appreciate the argument of the petitioners that they have given best part of their life for the said college but so far as law is concerned, we do not find their continuous working has created any legal right in their favour to be absorbed. In the event there was any scheme for such regularization, they could have availed of such scheme but in this case, there seems to be none. We are also apprised that some of the petitioners have applied for appointment through the current recruitment (49) process. The High Court has rejected their claim mainly on the ground that they have no right to seek regularization of their service. We do not think any different view can be taken."
26. The respondents submit that in the light of above judgments, the applicants have no claim as they were engaged much before the onset of Covid-19 as contractual employees and it is not open to the courts to prevent regular appointment. It is also argued that since the applicants participated in the recruitment process following the impugned advertisement of 16.10.2021, they cannot challenge the recruitment process.
27. We have considered the judgments cited and also the averments made in the light of the said judgments. It is not in dispute that the Ministry of Health and Family Welfare issued Notification dated 03.05.2021 wherein it was specifically mentioned that the preference was to be given in government regular appointments of Health professionals through the respective Public Service Commission/other recruitment bodies, for those Health professionals under this special scheme who complete a minimum of 100 days of Covid related duty. The only criteria laid down for preference was completion of minimum of 100 days of Covid related duty. The said (50) communication did not state if those employees who were contractual or those who were engaged much before the onset of Covid-19 were not covered by the said communication. It is also evident that this was not a case of regularisation or absorption but claiming preference in regular government appointments and therefore the ratio of judgments cited does not apply in this case. Also just because they participated in the process of recruitment do not disqualify them to claim the benefit of the circular dated 03.05.2021 as they had legitimate expectation to get preference in recruitment. Therefore, we are of the view that the competent authority while issuing the impugned advertisement should have definitely considered their case, more so, the Notification was issued by the Ministry of Health and Family Welfare under which the Lady Hardinge Medical College is placed.
28. In the facts and circumstances, we hereby direct the competent authority amongst the respondents to consider their cases in line with their own Notification dated 03.05.2021 by grant of preference to the applicants. The competent authority amongst the respondents will issue necessary directions in this regard as expeditiously as (51) possible and preferably within a period of 8 weeks from the date of receipt of a copy of the order.
29. The O.A. is partly allowed on the above terms. No costs.
(Sanjeeva Kumar) (R.N. Singh) Member (A) Member (J) /kdr/