Central Administrative Tribunal - Delhi
Gunjan vs Health & Family Welfare on 27 June, 2025
1
OA No. 2378/2025
Item No. 14
(C-2)
Central Administrative Tribunal
Principal Bench
New Delhi
O.A. No. 2378/2025
This the 27th day of June, 2025
Hon'ble Mrs. Harvinder Kaur Oberoi, Member (J)
1. Gunjan, Aged About 31 Years
D/O Sh. Boby Gupta,
R/O. 1160 Kuchapati Ram Gali, Kashmirian, Ajmeri
Gate, Delhi-110006
2. Shikha Bharti, Aged About 32 Years
D/O Sh. Sudhir Bharti,
R/O. 3770, Kucha Muthar Khan, Mori Gate, Chandani
Chowk, Po Delhi Gpo, Distt Ne Delhi-110006
3. Geeta, Aged About 38 Years
W/O Sh. Kapil,
R/O 668/4, Telion Wali Gali, Jamalpura, Sonipat, Distt
Sonipat, Haryana-131001
4. Kiran Verma, Aged About 29 Years
D/O. Sh Shishpal Verma.
W/O Sh. Akash Kumar
R/O. 147/1, Behind Ram Mandir, Kot Moholla,
Sonipat, Po Sonipat, Distt Sonipat, Haryana-131001
5. Ritu, Aged About 34 Years
C/O Sh Kuldeep,
R/O. Seoli, (39), Sonipat, Po Sonipat, Distt Sonipat,
Haryana-131001
6. Nisha, Aged About 29 Years
C/O. Sh. Vikas,
D/O. Sh. Nathu Ram
R/O. 130, Tharu (170) Po Tharuoldepur, Distt
Sonipat, Haryana-131001
7. Satish, Aged About 30 Years
S/O Sh. Sumer Singh,
R/O Rz-74a, H Block, Gopal Nagar, Nazafgarh, Delhi,
South West Delhi, Delhi-110043
2
OA No. 2378/2025
Item No. 14
(C-2)
8. Bhawna Maulia, Aged About 27 Years
D/O. Sh Santal,
R/O. 630, Bagri Moholla, Pana Udiyan, Narela Vtc:
Mamoorpur, Po Narela Dist Nw Delhi 110040
9 Anshu Sharma, Aged About 32 Years
D/O. Sh Narender Kumar,
R/O. House No. 70-71, 3rd Floor, Block-B, Pocket-Ii,
Sector-6, Rohini, Near Ambedkar Hospital. Rohini,
Sector-7, North West Delhi, Delhi-85 Mob
..Applicant
(By Advocates: Mr. Gagan Kumar Singhal)
Versus
1. Government Of Nct Of Delhi Through Its Principal
Secretary Department Of Health And Family At: 9th,
Level, A Wing, Ip Extention Delhi Secretariate, Delhi-
110002
2 Chief Director Medical Officer Cdmo/Mission Director
Intigrated District Health Society-Central District, Delhi
At Gali No. 4, Bagichi Allaudin, Nabi Karim, Paharganj,
New Delhi-110055
3 Dr. Meenu Meena
Integrated District Health Society-Central
Dio, Central District District, Delhi
4. Director Health Service
At: F-17, Karkardooma Court, Delhi-110032
. Respondents
(By Advocate: Mr. Amit Anand)
O R D E R(Oral)
3 OA No. 2378/2025 Item No. 14 (C-2) Hon'ble Mrs. Harvinder Kaur Oberoi, Member(J) MA No. 2674/2025 For the reasons stated therein, this MA for exemption is allowed, subject to just exemption. MA No. 2675/2025 For the reasons stated therein, this MA for joining together is allowed.
OA No. 2378/2025
The applicants, 9 in number, were engaged as contractual Auxiliary Nurse Midwives (ANMs) by the Government of NCT of Delhi, Department of Health and Family Welfare, following a walk- in interview process held in May 2021. They joined service on 10.05.2021. Their services were primarily utilized during the COVID-19 pandemic. On 12.04.2022, the Deputy Secretary, with approval of the then Hon'ble Lt. Governor of Delhi, issued an order for the 4 OA No. 2378/2025 Item No. 14 (C-2) continuation of all contractual health workers engaged during COVID duty.
2. However, on 30.04.2022, the respondents issued an impugned termination email discontinuing the services of the applicants abruptly. This action was in violation of the Dy. Secretary's order as well as the Directorate of Family Welfare's order dated 04.07.2022, which directed continuation in service.
3. Aggrieved, the petitioners had earlier approached the Hon'ble High Court of Delhi in WP(C) 11266/2022, which was disposed of on 28.02.2025 with liberty to approach this Tribunal. Hence, the instant OA has been filed seeking the following relief:-
"i. Quash and set aside the impugned order sent via email dated 30.04.2022, issued by the respondent no. 3 which is under the authority of Respondent no. 2 CDMO Central by which they are not considered in services 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 5 OA No. 2378/2025 Item No. 14 (C-2) of preference in regular employment and granting the same to applicants.
ii. 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.
iii. 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 as per policy notified by the Government on 03.05.2021.
iv. Direct Respondent no. 1 to get the recruitment /selection process conducted by the Staff Selection Process and to consider the Petitioners in the services of ANM's or accommodate them in the vacant post available in any of its respondent's office.
v. Accord all consequential benefits.
vi. Award costs of the proceedings; and vii. 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."
4. Heard.
5. Issue notice.
6OA No. 2378/2025 Item No. 14 (C-2)
6. Mr. Amit Anand, learned counsel appearing on advance service accepts notice on behalf of the respondents. He seeks some time to file reply.
7. After some arguments, learned counsel for the applicants, submits that the applicant may be granted liberty to file a detailed representation(s) ventilating all their grievances. It is further prayed that the respondents may be directed to consider and dispose of such representation(s) by passing a reasoned and speaking order within a stipulated time frame.
8. In view of the limited prayer made by the learned counsel for the applicant, the applicants are directed to file afresh, a detailed representation(s) with the respondents, within a period of two weeks from the date of receipt of a certified copy of this order. Thereafter, the competent authority amongst the respondents is directed to dispose of the applicants' 7 OA No. 2378/2025 Item No. 14 (C-2) representation(s) by passing a reasoned and speaking order within a period of four weeks from the date of receipt of the aforementioned representation of the applicants.
9. It is made clear that we have not entered into the merits of the case.
10. Accordingly, the OA is disposed of, at the admission stage itself. No order as to costs.
(Harvinder Kaur Oberoi) Member (J) /ss/