Document Fragment View

Matching Fragments

The common relief sought for in all these writ petitions are to direct the respondents to absorb and regularise the petitioners in the post of Staff Nurses and grant all further benefits based on the representations submitted by the writ petitioners on 12.09.2015. http://www.judis.nic.in

2.The learned Counsel for the writ petitioners vehemently contended that the writ petitioners had been engaged as contract staff nurses to work in the primary health centres. The affidavits filed in support of the writ petitions itself state that the writ petitioners were appointed as Contract Staff Nurses and their appointment in the primary health centres are through outsourcing agencies. The engagement of contract Staff Nurses through outsourcing agents were approved by the Government in G.O.Ms.No.342 dated 14.12.2012.

3.The learned Counsel for the writ petitioners reiterated that the writ petitioners were initially appointed in the year 2013 and they are continuously working as contract Staff Nurses in various Primary Health Centres. Thus, they are entitled to be regularised in the sanctioned post of the Government Department in the regular time scale of pay. Learned Counsel for the petitioners states that the claim of the similarly placed persons were earlier considered by the Government and those employees were brought under the regular establishment. Thus, the same benefit should be extended to these petitioners also. The various details provided by the writ petitioners in respect of the other similar cases states that the benefit of regularisation was earlier given by the respondents in respect of certain employees.

5.The learned Government Advocate appearing on behalf of the Department opposed the contention by stating that these writ petitioners were not appointed in accordance with the Recruitment Rules in force. These writ petitioners were engaged as contract Staff Nurses to work in various primary health centres across the State from the outsourcing agents. The Government engaged M/s.Ekam Foundation, who in turn provided the list of candidates and based on the terms and conditions of the agreement with the outsourcing agents, these writ petitioners were engaged as contract Staff Nurses in Primary Health Centres. Thus, all these writ petitions are devoid of merits and are to be rejected.

1. L.Jeyarani Mangalakudi Further the Block Medical Officer is requested to inform the fact to this office without fail. This Staff Nurse should not be diverted to any other programme.”

9.On a perusal of the order of appointment, it is unambiguous that the writ petitioners were engaged as contract staff nurses through an outsourcing agency based on the agreement between the Company as well as the Government in order to implement the NCD programme. Thus, these Staff Nurses were engaged on contract basis in order to implement a particular project and therefore, such appointments can never be construed as a regular appointment in a sanctioned post in a time scale of pay. Mere length of service in the project would not confer any right on the writ petitioners to claim permanent appointment.