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All India Institute Of Medical Sciences vs Shobha Kandpal on 17 January, 2013

Author: Pradeep Nandrajog

Bench: Pradeep Nandrajog, Veena Birbal

$~31
*    IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                        Date of decision: January 17, 2013

+                            W.P.(C) 278/2013

       ALL INDIA INSTITUTE OF MEDICAL SCIENCES ..... Petitioner
                      Represented by: Mr.Mukul Gupta, Sr. Advocate
                                      instructed by Mr.Sudhir Kathpalia
                                      & Mr.Vibhor Garg, Advocates

                    versus

       SHOBHA KANDPAL                                          ..... Respondent
                   Represented by:              Mr.Vinay Kumar Garg with
                                                Mr. Imran Ahmad & Mr.Amit
                                                Srivastava, Advocates
       CORAM:
       HON'BLE MR. JUSTICE PRADEEP NANDRAJOG
       HON'BLE MS. JUSTICE VEENA BIRBAL

PRADEEP NANDRAJOG, J. (ORAL)

Allowed, subject to just exceptions.

W.P.(C) 278/2013

1. Let us first note the admitted facts.

2. In the year 1992, the Supreme Court had required All India Institute of Medical Sciences to frame a one-time policy to regularize the services of those who had worked on research projects on contract, ad-hoc or temporary basis up to 15 years.

3. Based thereon, All India Institute of Medical Sciences filled up posts of Information Officer, Programmer, Research Officers, Social Workers, Research Assistants, Senior Research Fellows and Research Associates.

4. One would have expected that All India Institute of Medical Sciences would not follow the practice hithertofore followed i.e. employing people for long durations in research projects against temporary posts or contractual posts.

5. The respondent was employed on temporary basis in a research project in the year 1994 and continues to work with All India Institute of Medical Sciences even today. The post to which the respondent has been appointed is that of Medical Social Service Officer Grade-II.

6. Vide impugned decision taken by the Tribunal on September 3, 2012 directions have been issued to regularize respondent's service.

7. Learned counsel for All India Institute of Medical Sciences may have a valid point to urge that since All India Institute of Medical Sciences is a premiere research institution, it receives specific grants from different organizations; such as World Health Organisation, Indian Council of Medical Research, etc. for specific projects. The duration of these projects varies from 3 years to 5 years. Research Associates and other staff is required for the projects and this necessitates additional hands to be taken. Learned counsel states that it so happens that when a particular project gets over, All India Institute of Medical Sciences receives grants for another project and so on. Counsel says that it further so happens that the existing persons are found fit to perform duties relating to the new projects, and are retained.

8. Old is gold. A trusted hand is retained on project basis, from project to project; and this explains project related employees taken either on ad-hoc or temporary basis continuing to work for years together.

9. Notwithstanding the argument being very attractive we find that in April, 2011 All India Institute of Medical Sciences had advertised inviting applications to fill up 9 vacant posts of Medical Social Service Officers Grade-II and the record would reveal that as on today only 8 persons have WP(C)No.278/2013 Page 2 of 3 joined by responding to the letter offering appointment. For reasons only known to 9th candidate, to whom letter of appointment was issued, the candidate has not joined. Thus, admittedly as of today one post of Medical Social Service Officer Grade-II exists as a permanent vacancy with All India Institute of Medical Sciences.

10. As per law declared by the Supreme Court in the decision reported as the 2006(4) SCALE 197 Secretary, State of Karnataka vs. Uma Devi & Ors. it is permissible to direct regularization of ad-hoc/temporary employees who have worked for years together provided a vacant post exists.

11. Keeping in view the special equities in favour of the respondent who has worked with All India Institute of Medical Sciences since the year 1994 and the fact that as of today a vacant post exists, we are not inclined to interfere with the impugned order.

12. The writ petition is dismissed in limine.

13. No costs.

Since the writ petition has been dismissed in limine the application which seeks stay of the impugned decision passed by the Central Administrative Tribunal is dismissed as infructuous.

(PRADEEP NANDRAJOG) JUDGE (VEENA BIRBAL) JUDGE JANUARY 17, 2013//srb// WP(C)No.278/2013 Page 3 of 3