Indian Kanoon - Search engine for Indian Law

Delhi High Court - Orders

Sarita Kumari & Ors vs Union Of India & Ors on 5 April, 2021

Author: Rajiv Sahai Endlaw

Bench: Rajiv Sahai Endlaw, Amit Bansal

                          $~16
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +    W.P.(C) 4154/2021
                               SARITA KUMARI & ORS.                          ..... Petitioners
                                                Through: Mr. Chander Shekhar Panda with
                                                            Mr. R.C.Sharma, Advocates.
                                                versus
                               UNION OF INDIA & ORS.                         ..... Respondents
                                                Through: Mr. Ravi Prakash, CGSC with Mr.
                                                            Mohammad Shahan Ulla, Advocate
                                                            for R-1&2.
                               CORAM:
                               HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW
                               HON'BLE MR. JUSTICE AMIT BANSAL
                                          ORDER

% 05.04.2021 C.M. No.12643/2021(for exemption)

1. Allowed, subject to just exceptions and as per extant rules.

2. The application is disposed of.

W.P.(C) 4154/2021 & C.M. No.12642/2021 (for interim directions)

3. The twenty six petitioners, earlier engaged as Staff Nurse between August and November, 2018 on contractual basis and not allowed to join their duties since 20th February, 2019, have filed this petition aggrieved from the order dated 14th October, 2019 of Central Administrative Tribunal (CAT), Principal Bench, New Delhi in OA No.788/2019.

4. A perusal of the impugned order shows that Mr. Amit Kumar, Advocate appearing for the petitioners submitted before CAT, that the OA be dismissed and in view of the said statement, CAT dismissed the OA as well as all pending applications including Contempt Petition No.368/2019, filed averring violation of the earlier order dated 12th July, 2019.

5. The impugned order being in the nature of consent order, no challenge would lie thereagainst. Even otherwise, Mr. Chander Shekhar Panda, counsel for the petitioners agrees, that as held in Oil and Natural Gas Corporation Vs. Krishan Gopal 2020 SCC OnLine SC 150, the Writ Court cannot direct absorption of contractual employees and such absorption of contractual employees is also contrary to the dicta of the Supreme Court in Secretary, State of Karnataka Vs. Umadevi (3) (2006) 4 SCC 1.

6. The counsel for the petitioners however states that the petitioners only seek, that till the posts against which they were contractually engaged and which posts, then as well as now are vacant, are filled up, the petitioners be taken back in service. It is stated that the petitioners will not claim any right of absorption, if so taken in service.

7. The counsel for the respondents No. 1 and 2 seeks adjournment, to take instructions on the aforesaid aspect as also on the status of Regular Recruitment to the posts of Staff Nurse, stated to be still vacant.

8. The concerned official of the respondents who is in the know of the facts, to also remain present in the Court.

9. List on 22nd April, 2021.

10. Mr. Amit Kumar, Advocate to also appear in the Court on the next date of hearing.

RAJIV SAHAI ENDLAW, J AMIT BANSAL, J APRIL 5, 2021 ak W.P.(C) 4154/2021 Page 2 of 2 Signature Not Verified Signed By:MAMTA ARYA Signing Date:07.04.2021 18:18:18