Allahabad High Court
Dr. Santosh Kumar Singh And Others vs Union Of India And Others on 20 July, 2010
Bench: Sunil Ambwani, Kashi Nath Pandey
Court No. - 29 Case :- WRIT - A No. - 40182 of 2010 Petitioner :- Dr. Santosh Kumar Singh And Others Respondent :- Union Of India And Others Petitioner Counsel :- Man Bahadur Singh,Sri Ashok Khare Respondent Counsel :- C. S. C.,A.S.G.I.(2010/1379) Hon'ble Sunil Ambwani,J.
Hon'ble Kashi Nath Pandey,J.
The petitioners were appointed as Medical Officers, on contract after their selections under the National Rural Health Scheme, in District Azamgarh for a period of one year in 2008. Their contract was renewed for a further period of one year. They have worked upto 31.3.2010. Earlier the petitioners filed a Writ Petition No.64171 of 2009 which was disposed of on 30.11.2009 with observations that even in case of contract, the respondents are obliged to lay down the criteria to discontinue the contract appointees, who were in excess (it was stated that out of 23, only 15 posts were allowed to continue) during the period for which the posts were sanctioned.
The extension of the period of contract depends upon various conditions such as the continuance of the scheme; the availability of funds, the number of posts and the work and conduct of such employees. The appointing authority has a discretion in the matter of renewal of contract. It is admitted that the petitioners are not working since after 31.3.2010.
The posts have been re-advertised. The petitioners have approached the Court again for renewal of the contract on the ground that some orders have been issued by the Director General, Family Welfare, U.P. on 6.4.2010 on the basis of which the Chief Medical Officer, Azamgarh has directed the assessment of work of all the employees appointed on contract in different categories to be submitted by Deputy Chief Medical Officer; Superintendent of Community Health Centres and Incharge Medical Officers of Primary Health Centre to him within a week.
Let the Standing Counsel produce the instructions received by the Director General, Family Welfare on 6.4.2010 to the Chief Medical Officer, Azamgarh and to inform the Court with regard to any policy which may have been adopted by the department for renewal of such contract employees.
Put up on 23.7.2010.
Order Date :- 20.7.2010 RKP