Central Administrative Tribunal - Chandigarh
Devendra Kumar Saini vs Govt. Medical College, Chandigarh on 6 February, 2023
1 (OA No. 060/1103/2022)
CENTRAL ADMINISTRATIVE TRIBUNAL
CHANDIGARH BENCH
O.A. No.060/1103/2022
Reserved on: 09.01.2023
Pronounced on : 06.02.2023
HON'BLE SH. RAMESH SINGH THAKUR MEMBER (J)
(Central Administrative Tribunal, Chandigarh Bench,
Chandigarh)
HON'BLE MRS. RASHMI SAXENA SAHNI, MEMBER (A)
(Central Administrative Tribunal, Chandigarh Bench,
Chandigarh)
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1. Devendra Kumar Saini
Father‟s name - Haribhajan Saini
Date of Birth - 10/07/1996
Date of Joining - 19/02/2020
Address -Garhmoran, Teh- Nadauti, Karauli,
Rajasthan- 322212
2. Monu Kumar Saini
Father‟s name - Tej Karan Saini
Date of Birth - 06/05/1992
Date of Joining - 18/02/2020
Address -DabichMaliyan, Teh- Phagi, Jaipur,
Rajasthan- 303006
3. Suresh Kumar Saini
Father‟s name - Lallu Prasad Saini
Date of Birth - 01/07/1995
Date of Joining - 11/06/2020
Address - Shyonanda, Teh - Lalsot, Dausa,
Rajasthan- 303511
4. Shivani Garg
Father‟s name - Dinesh Garg
Date of Birth - 20/08/1996
Date of Joining - 19/02/2020
Address - New Mandi Hindaun city, Karouli,
Rajasthan- 322230
2 (OA No. 060/1103/2022)
5. Ashok Latiyal
Father‟s name - Ramlal
Date of Birth - 05/07/1995
Date of Joining - 04/03/2020
Address - Badgaon, Teh - Merta city, Nagaur,
Rajasthan- 341510
6. Bhuvanesh Sharma
Father‟s name - Jeta Ram Sharma
Date of Birth -06/07/1994
Date of Joining - 18/02/2020
Address -Indra Colony, SenikVishramGhrakepiche,
Barmer,
Rajasthan- 344001
7. Gopal Paliwal
Father‟s name - Bhera Ram
Date of Birth - 01/07/1995
Date of Joining - 18/02/2020
Address - DudiyaRohat Pali,
Rajasthan- 306421
8. PhoolaBairwa
Father‟s name - Jagdish Bairwa
Date of Birth - 27/09/1992
Date of Joining - 10/06/2020
Address - VganKhera, teh- Kekri, Ajmer,
Rajasthan- 305404
9. Narayan Lal Gurjar
Father‟s name - Suva Lal Gurjar
Date of Birth -08/07/1994
Date of Joining - 18/02/2020
Address - Kot, teh -Raipur, Bhilwara,
Rajasthan- 311803
10. Ramesh Choudhari
Father‟s name - Bhaira Ram Choudhari
Date of Birth - 15/08/1994
Date of Joining - 10/06/2020
Address - Jawahar Pura, Chandsama,
Shergarh, Jodhpur,
Rajasthan- 342314
3 (OA No. 060/1103/2022)
11. Neena Jamwal
Father‟s name - Sh. Shiv Ram
Date of Birth -06/06/1990
Date of Joining - 18/02/2020
Address - Bari Gumanu, teh- Sadar, Mandi,
Himachal Pradesh- 175001
12. Ghanshyam Prasad Nagar
Father‟s name - Ram Lal Nagar
Date of Birth - 05/09/1994
Date of Joining - 19/02/2020
Address - Nimera, teh -Todaraising, Tonk,
Rajasthan- 304502
13. Shruti Beniwal
Father‟s name - Bhoop Singh
Date of Birth - 25/03/1995
Date of Joining - 18/02/2020
Address - Ward no. 5, Parlika,
19 NTR, Nohar, Hanumangarh,
Rajasthan- 335504
14. Seema Choudhary
Father‟s name - Ramdev Choudhary
Date of Birth - 23/08/1991
Date of Joining - 09/07/2020
Address - Asthal Mohalla, jaliya-II,
teh -Masuda, Ajmer,
Rajasthan- 305625
15. Devendra Singh Khatana
Father‟s name - Rameshwar Singh Khatana
Date of Birth - 02/07/1994
Date of Joining - 18/02/2020
Address - Tesgaon, teh - Nadoti, Karouli,
Rajasthan- 322216
16. Dileep Singh
Father‟s name - Hari Singh
Date of Birth - 04/01/1993
Date of Joining - 16/09/2020
Address - Tesgaon, teh - Nadoti, Karauli,
Rajasthan- 322216
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17. Ravindra Kumar
Father‟s name - Uda Ram
Date of Birth - 16/07/1994
Date of Joining - 10/06/2020
Address - Mandal, teh - Rani,Pali,
Rajasthan- 306115
18. Ankita Sharma
Father‟s name - Arun Sharma
Date of Birth - 10/10/1996
Date of Joining - 18/02/2020
Address - Village Bhatiteh - P.O kuthera,
Hamirpur, Himachal Pradesh- 177020
19. Jakir Husain
Father‟s name - Hasan Mohammad
Date of Birth - 05/06/1996
Date of Joining - 18/02/2020
Address - Bilaspur, teh - Tijara, Alwar,
Rajasthan- 301411
20. Anish Bhutta
Father‟s name - IshaqBhutta
Date of Birth - 24/09/1991
Date of Joining -12/06/2020
Address - Ward no. 17, Silawato ka Mohalla,
Bidasar, Churu,
Rajasthan- 331501
21. Pavan Kumar
Father‟s name - Shyam Singh
Date of Birth - 15/06/1995
Date of Joining -18/02/2020
Address - Chaudharypura, Hathbai,
Dholpur, Rajakhera,
Rajasthan- 328025
22. Salini Raj
Husband‟s name - Rahul J
Date of Birth - 04/03/1990
Date of Joining - 15/09/2020
Address - W/o Rahul J,
House no. 1749/1, Sec 39B,
Chandigarh- 160036
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23. Sheena Pathania
Father‟s name - Parshotam Lal
Date of Birth - 03/01/1994
Date of Joining -10/06/2020
Address - #24 Type B2 PGI Campus,
Chandigarh, 160012
24. Mahesh Kumar
Father‟s name - Lumba Ram
Date of Birth - 24/09/1995
Date of Joining -18/02/2020
Address - Nehru Colony, Sumerpur, Pali,
Rajasthan- 306902
25. Ranveer Singh
Father‟s name - Sh. Murari Lal
Date of Birth - 04/05/1993
Date of Joining -18/02/2020
Address - Saint, teh - Kumher, Bharatpur,
Rajasthan- 321201
26. Bharti Devi
Father‟s name - Devi Singh
Date of Birth - 18/09/1991
Date of Joining -19/02/2020
Address - Khandhi, Sardhwar, Mandi,
Himachal Pradesh- 175023
27. Kishan Singh
Father‟s name - Moti Singh
Date of Birth - 28/10/1994
Date of Joining -10/06/2020
Address - Ward no. 10, Patthar Road,
Phalodi, Jodhpur,
Rajasthan- 342301
28. Amit Kumar
Father‟s name - Indraj Singh
Date of Birth - 10/04/1994
Date of Joining -18/02/2020
Address - Bain, teh - Taranagar, Churu,
Rajasthan- 331304
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29. Mukesh Kajla
Father‟s name - Surja Ram
Date of Birth - 28/08/1997
Date of Joining -19/02/2020
Address - House no. 338,
Ward no. 06, Shekhsar, Lunkarnsar, Bikaner,
Rajasthan- 334603
30. Devender Kumar
Father‟s name - Suresh Kumar
Date of Birth - 21/06/1991
Date of Joining -17/02/2020
Address - House no. 425, Hanuman Chowk,
Ward no. 10, Purani Abadi,
Sri Ganganagar- 335001
31. Alka Tiwari
Husband‟s name - Hitesh Kumar
Date of Birth - 22/11/1991
Date of Joining -10/06/2020
Address - 281, Brahman Mohalla Tasai,
Tasai Alwar,
Rajasthan- 321605
32. Sheetal Pareek
Father‟s name - Siya Ram Pareek
Date of Birth - 15/09/1989
Date of Joining - 19.02.2020
Address - House no. 28-29B,
Kayad Road, Jai Hanuman Colony,
Diggi House, Ghooghra, Ajmer,
Rajasthan- 305023
33. Bhajan Lal
Father‟s name - Faglu Ram
Date of Birth - 01/07/1993
Date of Joining -18/02/2020
Address - Teje ki DhaniBhalisar,
teh - Dhorimanna, Barmer,
Rajasthan- 344704
34. Sanjay Kumar Jangir
Father‟s name - Jagdish Prasad Jangir
Date of Birth - 29/10/1989
Date of Joining -19/02/2020
Address -Narodara, teh - Laxmangarh,
7 (OA No. 060/1103/2022)
Sikar, Rajasthan- 332311
35. Pawan Kumar
Father‟s name - Mohan Lal
Date of Birth - 04/05/1994
Date of Joining -24/02/2020
Address - House no. wb 011, Raipur khurd,
Chandigarh-160003
36. Premaram
Father‟s name - Kaluram
Date of Birth - 05/06/1995
Date of Joining -18/02/2020
Address -2004/12, sector 32 C,
Chandigarh- 160030
.........Applicants
(By Advocate : Sh. D.R. Sharma alongwith Mr. Rizwan and
Ms. Sachi Chopra)
VERSUS
1. Union of India through its secretary,
Ministry of Health and Family Welfare,
(MEP Section) Nirman Bhawan,
New Delhi - 110 001
2. Medical Superintendent
Government Medical College & Hospital
Chandigarh
(Hospital Building) Sector-32-B
Chandigarh-160030
...Respondents
(BY ADVOCATE: Sh. Sanjay Goyal for respdt. No. 1
Sh. Arvind Moudgil alongwith Ms. Jyotika
Panesar, Ms.Sharuni Dadwal and Ms.
Sandeep Kaur for respdt. No. 2)
8 (OA No. 060/1103/2022)
ORDER
Per: SH. RAMESH SINGH THAKUR MEMBER (J):
1. This Original Application has been filed by the applicants against the order dated 28.09.2022 issued by the respondent No. 2 (Annexure A-1) whereby the applicants have been terminated. The applicants also seek directions to regularize the services of the applicants and to extend the consequential benefits.
2. From the pleadings, the case of the applicants is that vide Recruitment Notice dated 01.02.2020, respondent No. 2 invited applications for 112 vacancies for the posts of Staff Nurse for a period of 6 months on contract basis. In terms of this Recruitment Notice, the applicants on fulfilling the eligibility criteria and the upper age limit, applied for the same. The respondent No. 2 clarified that the appointment of the applicants will be initially for a period of six months and further extendable till the regular incumbent joins, whichever is earlier. A copy of the Recruitment Notice dated 01.02.2020 is annexed as Annexure A-5. The list of provisionally eligible candidates for the post of Staff Nurse was published and the applicants were called for counselling on 11.02.2020 . The copy of the public 9 (OA No. 060/1103/2022) Notice to the applicants dated 10.02.2020 issued by the respondent No. 2 is annexed as Annexure A-6.
3. On 14.02.2020, pursuant to the selection formalities, the applicants were appointed by respondent No. 2 in the first half of 2020 on contract basis for a period of six months. Total 91 candidates were selected on the recommendation of counselling committee. A copy of letter of appointment dated 14.02.2020 is annexed as Annexure A-7. On the same date, i.e. 14.02.2020, a second list was published by the Government Medical College and Hospital, Sector 32, Chandigarh (Respondent No. 2) whereby 21 candidates were appointed and candidates were directed to join on 18.02.2020. Again, as specified by the respondents No. 2 in their letter of appointment, the appointment of the applicants to the post of Staff Nurse was purely on contract basis for a period of 6 months or till vacancies are filled upon regular basis. A copy of second list of letters of appointment dated 14.02.2020 issued by Respondent No. 2 is annexed as Annexure A-8.
4. In March, 2020, the pandemic Covid-19 reached the shores of India and a lockdown was imposed by the 10 (OA No. 060/1103/2022) Central Government. The applicants having been rendering continuous service during the entire Covid period and thereafter and they are still performing their duties in the Respondent No. 2 Hospital with sincerity.
5. On 01.06.2020, third list was published and some of the candidates who were selected for the post of Staff Nurse, have either left the job or joined some other organization and, therefore, new vacancies were created and 16 candidates who were in the waiting list, have been appointed as Staff Nurse on contract basis for a period of six months or till the vacancies are filled up on regular basis. A copy of the appointment letter dated 01.06.2020 is annexed as Annexure A-10.
6. Again on 02.09.2020, fourth list was published and five candidates in the waiting list have been appointed as Staff Nurse on contract basis for a period of six months or till the vacancies are filled up on regular basis. A copy of the fourth list of letter of appointment dated 02.09.2020 is annexed as Annexure A-11.
11 (OA No. 060/1103/2022)
7. Union of India (Respondent No. 1) through Ministry of Health and Family Welfare issued an order dated 03.05.2021 with the Subject : Augmenting Human Resources for Covid-19 and in terms of Clause 5 of the order dated 03.05.2021, GNM qualified nurses may be utilized in full time covid nursing duties in ICU etc. under the supervision of Senior Doctors and Nurses. The Clause 17 of the order dated 03.05.2021 (Annexure A-12) says that "The Central Government recommends to State/UT Governments to consider giving preference in Regular Government appointments of Health professionalss through the respective Public Service Commission/other recruitment bodies for those health professionals under this scheme who complete a minimum 100 days of Covid related duty".
8. The respondent No. 2 appreciated the contribution of the applicants in the fight against pandemic Covid-19 in UT Chandigarh and certificate for participating in Covid-19 related duty has been given to the applicants. A copy of appreciation certificates of the applicants is annexed as Annexure A-13 (colly). 12 (OA No. 060/1103/2022)
9. The Department of Medical Education and Research, Chandigarh Administration (Government Medical College & Hospital, Chandigarh) i.e. Respondent No. 2 by way of Public Appointment Notice dated 09.11.2021 (Annexure A-14), invited applications for 162 posts of Staff Nurse (Nursing Officer) in Group „C‟ post on temporary basis, but likely to be continued.
10. On 18.11.2021, the Original Application No. 2635/2021 has been filed by some of the contractual staff nurses of Ram Manohar Lohia Hospital, New Delhi challenging the Recruitment Notice dated 16.10.2021 for not giving preference in the regular Government appointment of health professionals through respective public Service Commission/other recruitment bodies for those professionals who completed a minimum 100 days of Covid-19 related duty. On 18.11.2021 (Annexure A-15), the Principal Bench of this Tribunal at New Delhi, directed the status quo to be maintained qua the service of the applicants in that OA and also directed the examination/selection pursuant to the recruitment notice dated 16.10.2021 shall be subject to the outcome of the Original Application No. 2635/2021. 13 (OA No. 060/1103/2022)
11. The General Secretary and President, Nurses Welfare Association, Chandigarh sent a representation on 20.01.2022 (Annexure A-17) through email to the respondent No. 2 to give weightage for Direct Contractual Nursing Employees. The respondent No. 2 has replied to the email dated 20.01.2022 that "selection of Nursing Officers on direct contract was made after proper procedure and selection criteria, but there is no policy/provision or criteria to give weightage to the Nursing Officer already working on contractual basis". A copy of the reply dated 10.02.2022 issued by respondent No. 2 is annexed as Annexure A-18.
12. Thereafter, the Principal Bench of this Tribunal, New Delhi vide order dated 16.02.2022, has stayed the termination order in OA No. 2635/2021 (Annexure A-
19).
13. The applicants have further submitted that the National Health Mission, Health and Family Welfare Department, Chandigarh issued a public notice on 29.06.2022 (Annexure A-22) inviting applications for filling up 16 posts in Office of Mission Director, National Health Mission, UT Chandigarh and in the 14 (OA No. 060/1103/2022) experience column, 10 marks have been allotted to the candidates who have worked in Covid-19 between 1st April, 2020 to 31st March, 2022.
14. On 20.07.2022 (Annexure A-23), Government Medical College & Hospital, Chandigarh, Nurses Welfare Association wrote to the Health Secretary, UT Chandigarh for giving weightage of extra bonus marks (in upcoming recruitment exam) to contractual nursing employees of the Hospital.
15. Now, by issuing Public Notice dated 28.09.2022 (Annexure A-24), the respondents have shortlisted the candidates for the post of Staff Nurse (Nursing Officer) on the basis of the written test pursuant to advertisement dated 09.11.2021 for filling up the Group „C‟ posts of Staff Nurses in Respondent No. 2 Hospital on temporary basis but likely to be continued. The Government Medical College & Hospital, Chandigarh Nurses Welfare Association also wrote on 03.10.2022 (Annexure A-25) to the Health Secretary, UT Chandigarh regarding the continuation of nursing services of the nursing employees working on direct contract basis in GMCH, Sector 32, Chandigarh.
15 (OA No. 060/1103/2022)
16. The main grounds for challenging the action of the respondents are that the applicants were selected and appointed on contract basis on the basis of a regular process of selection and all the applicants were eligible. Despite the instructions issued by respondent No. 1, no weightage was given to the working Staff Nurses who have served for more than 100 days during the Covid-19 pandemic. The applicants have legitimate expectations for preferential treatment for regular appointment.
17. The further ground is that the temporary employee should not be replaced by another temporary employee by terminating the employment of contractual Staff Nurse having been protected by the order of the Principal Bench vide Annexures A-15 and A-19.
18. No reply has been filed on behalf of respondent No.
1.
19. Respondent No. 2 has filed a detailed reply. In preliminary objections, it has been submitted by the replying respondent that advertisement regarding 162 posts of Staff Nurse (Nursing Officer) in the GMCH-32 was issued on 09.11.2021. Threafter, the 16 (OA No. 060/1103/2022) posts were increased to 182 vide corrigendum dated 23.12.2021. The last date of receipt of applications for examination was 15.02.2022. Written test was held on 28.08.2022 and the result was declared on 07.09.2022. Hard copy of documents was received by 20.10.2022 and counselling took place w.e.f. 16.11.2022 to 18.11.2022. Now, the regular Staff Nurses (Nursing Officers) will join as per the final merit list.
20. It has been submitted by the replying respondent that the present Original Application filed by the applicants is pre-mature as the regularly selected Staff Nurses have not joined and will join after preparation of the final merit.
21. The replying respondent has further submitted that the applicants were appointed on contract basis initially for a period of six months further extendable till the regular incumbents join. So, the applicants were fully aware and had complete knowledge of the terms and conditions of their appointment. Hence, terminations order dated 28.09.2022 is legally sustainable and has been passed correctly. 17 (OA No. 060/1103/2022)
22. It is submitted by the respondents that the applicants could not score the required marks and thus were unsuccessful and hence, could not be placed in the merit list of shortlisted candidates. This material fact was concealed by the applicants and the applicant have not approached this court with clean hands and, therefore, no relief can be granted qua the applicants.
23. The replying respondent has further submitted that the applicants have chosen to willingly participate in the selection process and without raising any objection and after they were rendered unsuccessful in the written examination, they approached this court and the reliance on the order dated 16.02.2022 passed in OA No. 2635/2021 is misplaced.
24. Learned counsel for the applicants has filed the rejoinder to the reply filed by respondent No. 2 whereby the contentions raised in the OA have been reiterated.
25. It has been further submitted by the applicants that the applicants have rendered continuous service for past two years and eight months with utmost sincerity and entire satisfaction of respondent No. 2 18 (OA No. 060/1103/2022) and the applicants have completed 100 days of Covid-19 related duty. The representation has been made in furtherance of order dated 03.05.2021 by respondent No. 1 to the respondent No. 2 and they have established their legitimate expectations among applicants to provide preferential treatment for regular appointment.
26. It has been further submitted by the applicants that in reply to information received under RTI request dated 01.11.2022, it clearly disclosed number of vacancies as 189 posts along with the 89 resignations of Nursing Officers accepted in 2021 and 2022 (The copies of which are attached with the rejoinder at page 235 of the paperbook).
27. The applicants have further submitted that respondent No. 2 has discredited directions issued by the Union of India to consider the Covid-19 warriors for regular appointment.
28. It has been further submitted by the applicants that the conditions of recruitment agreement does not bar the applicants to challenge the impugned termination order as the applicants are seeking preference for regular position based on the service rendered by 19 (OA No. 060/1103/2022) them in terms of the order issued by respondent No. 1 dated 03.05.2021 whereby the Covid-19 warriors have been given preference for regular appointment.
29. It has been submitted by the applicants that the applicants have not concealed any material fact or made any misrepresentation before this Tribunal. The respondent No. 2 was bound to act in accordance with the directions issued by respondent No. 1 i.e. UOI under order dated 03.05.2021 and the rejection issued by respondent No. 2 qua the representation made by the Union has no bearing on the case.
30. It has been submitted by the applicants that in view of the orders dated 18.11.2021 and 16.02.2022 passed in OA No. 2635/2021, termination has been stayed by the Principal Bench of this Tribunal.
31. We have heard learned counsels for the parties and have carefully gone through the pleadings on record.
32. From the pleadings, it is an admitted fact that all the applicants were appointed as Staff Nurses vide Recruitment Notice dated 01.02.2020 for a period of six months on contract basis and thereafter, the contract was extended from time to time. The recruitment was done after completion of selection 20 (OA No. 060/1103/2022) formalities. Earlier, 91 candidates were selected on the recommendations of the counselling committee vide Annexure A-7 and thereafter, 2nd list was published and 21 more candidates were appointed. In March, 2020, due to Pandemic Covid-19, the applicants had rendered the continuous service during the entire Covid period.
33. It is also an admitted fact that respondent No. 1 through Ministry of Health and Family Welfare issued a letter dated 03.05.2021 (Annexure A-12) whereby as per Clause 17, the Central Government recommends to State/UT Governments to consider giving preference in Regular Government appointments of Health professions through the respective Public Service Commission/other recruitment bodies for those health professionals under this scheme who complete a minimum 100 days of Covid related duty. All the applicants have got the appreciation certificates for the duty done by them in the Pandemic Covid-19 period in UT Chandigarh (Annexure A-13 colly).
34. The Department of Medical Education and Research, Chandigarh Administration (Government Medical 21 (OA No. 060/1103/2022) College & Hospital, Chandigarh) i.e. Respondent No. 2 has issued a Public Appointment Notice dated 09.11.2021 (Annexure A-14) whereby they invited the applications for 162 posts of Staff Nurse (Nursing Officer) in Group „C‟ post on temporary basis, but likely to be continued. Despite the representation sent by the General Secretary and President Nursing Union Association, Chandigarh on 20.01.2022 (Annexure A-17) through email to respondent No. 2, weightage for direct contractual nursing employees has been given in the Appointment Notice dated 09.11.2021 (Annexure A-14). The reply has been issued by respondent No. 2 on 10.02.2022 (Annexure A-18).
35. The contention of the applicants is that the Principal Bench in OA No. 2635/2021 (Annexure A-19) has passed the interim directions in the similarly situated persons. The further contention of the applicants is that the National Health Mission, Health and Family Welfare Department, Chandigarh issued a public notice on 29.06.2022 (Annexure A-22) inviting applications for filling up 16 posts in Office of Mission Director, National Health Mission, UT Chandigarh and 22 (OA No. 060/1103/2022) in the experience column, 10 marks have been allotted to the candidates who have worked in Covid- 19 between 1st April, 2020 to 31st March, 2022. Despite the representation dated 20.07.2022 by the Government Medical College and Hospital, Chandigarh Nurses Welfare Association which has been addressed to Health Secretary, UT Chandigarh, no weightage of extra bonus marks has been given to contractual nursing employees and the respondents have issued the Public Notice dated 28.02.2022 (Annexure A-24) whereby the respondents have shortlisted the candidates for the post of Staff Nurse pursuant to advertisement dated 09.11.2021. The applicants submit that this is in violation of the letter issued by respondent No. 1 (Annexure A-12).
36. The reply has been filed on behalf of respondent No. 2 whereby it is submitted that the posts were advertised for recruitment of 162 posts of Staff Nurses on 09.11.2021. Therefore, corrigendum was issued and the posts were increased to 182. Examination was held on 15.02.2022. Written test was held on 28.02.2022 and the result was declared on 07.09.2022 and now, the counselling is complete 23 (OA No. 060/1103/2022) and the appointment is to be done as per the final merit list.
37. The contention of the respondents is that the applicants were appointed on contractual basis initially for a period of six months which was extended from time to time which was well in the knowledge of the applicants qua the terms and conditions in their appointment letter and, thus, the termination order dated 28.09.2022 is legal.
38. It is further submitted by the replying respondents that the applicants had participated and now, they are challenging their selection. The respondents submit that though the applicants had rendered continuous service for the past two years and eight months and it is in their knowledge that their appointment is contractual and there is no question for legitimate expectation.
39. The contention of the applicants is that there are 235 posts vacant which is clear from the information received through RTI request dated 01.11.2022. In the Additional Affidavit filed by the respondent No. 2 on 04.01.2023, it has been submitted by the respondents that on 21.12.2022, 195 posts were 24 (OA No. 060/1103/2022) available including 45 posts filled on contractual basis. The process of filling up regular vacant posts numbering 182 has been completed and appointment letters are to be issued.
40. It has been further submitted in the Additional Affidavit that newly created 316 posts of Staff Nurses are to be filled up on regular basis after making budgetary provisions and issuing a Public Appointment Notice in various leading newspapers as per Rules and Regulations in view of implementation of notifications dated 29.03.2022 issued by the Ministry of Home Affairs, Government of India. The vacancy position is annexed as Annexure R 2/1.
41. As per Annexure A-1, the impugned order has been passed whereby it has been specifically averred that the contractual period of the Nursing Officers appointed on directed contract basis in GMCH is extended from the date of their last extension till the joining of the regular incumbent of Nursing Officer As per the appointment order of the Nursing Officers, the condition No. 4 clearly mentions that "The period of contract appointment can be terminated at any time by giving one month‟s notice. Or till the joining 25 (OA No. 060/1103/2022) regular imcumbents whichever is earlier but not late than 31.11.2022. So, it is clear that all the applicants were appointed on contract basis and earlier, they were appointed for six months which period was extended from time to time.
42. It is clear as per Annexure A-1 that the posts of Nursing Officers on regular basis are being filled up. The respondents have advertised the posts for regular recruitment on 09.11.2021 earlier for 162 posts, which was later on increased to 182 as per corrigendum dated 23.12.2021. The examination was held and the result was declared. The counselling took place w.e.f. 16.11.2022 to 18.11.2022. It has been submitted by the respondents that the applicants had already appeared in regular examination, but could not succeed. Though the letter was issued by Ministry of Health and Family Welfare on 03.05.2021 (Annexure A-12) whereby the Central Government recommends to State/UT Governments to consider giving preference in Regular Government appointments of Health professions through the respective Public Service Commission/other recruitment bodies for those 26 (OA No. 060/1103/2022) health professionals under this scheme who complete a minimum 100 days of Covid related duty.
43. It is clear from Annexure A-12 that it is the recommendation of the Central Government to State/UT Chandigarh and the same has been sent by the Ministry of Health and Family Welfare to Additional Chief Secretary/Principal Secretary Health/Medical Education of all States/UTs regarding "Augmenting Human Resources for COVID-19- regarding".
44. Though Annexure A-12 has been communicated to the Administration of Chandigarh, but it seems that the Chandigarh Administration has not taken any steps while issuing the advertisement which was issued on 09.11.2021. From the Annexure A-12 itself, as per Clause 17, it is simply recommendation to the State/UT to consider giving preference in the regular Government appointment. So, it is for the State/UT Government to give preference to the persons who have done minimum of 100 days of Covid related duty.
45. In the Additional Affidavit, Chandigarh Administration have specifically stated that newly created 316 posts 27 (OA No. 060/1103/2022) of Staff Nurses are to be filled up on regular basis after issuing the Public Appointment Notice in various leading newspapers.
46. So, it is clear in the instant case that all the applicants were appointed on contract basis and they were aware of their contractual appointment though the contract was extended from time to time. Union Territory, Chandigarh has already given the preference to the candidates who have worked in Covid 19 between the 01.04.2020 to 31.03.2022 in the National Health Mission, Health and Family Welfare Department, Chandigarh vide Public Notice dated 29.06.2022 (Annexure A-22). In view of such position, this OA is disposed of with the following directions:-
(i) The respondents may go with the issuing of appointment letters to the newly recruited persons as Staff Nurses.
(ii) The respondents are directed to continue the services of the applicants in view of the newly created posts till regular recruitment as indicated in their Additional Affidavit.
(iii) The respondents shall also take decision qua the implementation of Annexure A-12 qua the preference which has to be given to persons who have rendered 100 days of Pandemic Covid-19 related duty.28 (OA No. 060/1103/2022)
47. There shall be no order so as to costs.
(RASHMI SAXENA SAHNI) (RAMESH SINGH THAKUR)
Member (A) Member (J)
ND*