Abhay Chandra Mitra And Others vs Union Of India Through Its Secy. ...
2023 Latest Caselaw 6202 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 22
 
Case :- WRIT - A No. - 3341 of 2010
 
Petitioner :- Abhay Chandra Mitra And Others
 
Respondent :- Union Of India Through Its Secy. Ministry Of Health And Ors.
 
Counsel for Petitioner :- Vidhu Bhushan Kalia
 
Counsel for Respondent :- C.S.C.,A.S.G.,Alok Saxena,Arpit Kumar
 

 
Hon'ble Brij Raj Singh,J.

By this writ petition, the petitioners have prayed for the following reliefs:

"(i) issue a writ, order or direction in the nature of mandamus commanding the respondents to grant regular status to the petitioners along with all service benefits till continuance of revised national Tuberculosis Control Programmed ;

(ii) issue a writ, order or direction in the nature of mandamus commanding the respondents not to terminate the services of the petitioners till continuance of the revised National Tuberculosis Control Programme in the State of U.P. or in alternative till the regular appointment are being made;

(iii) issue a writ, order or direction in the nature of mandamus commanding the respondents to consider the petitioners at par with regular employees/their counter parts in the State Government and grant them all monitory and consequential benefits i.e. the equal pay for equal work. Provident fund, gratuity and benefit of seniority etc."

Shri S.K. Kalia, Senior Advocate assisted by Shri Vaibhav Kalia, learned counsel for the petitioners have made prayer to grant regular status with all service benefits till continuance of Revised National Tuberculosis Control Programme and further direction has been sought not to terminate the services of the Petitioners. He stated that the said scheme is continuing and the petitioners are working. He has placed reliance upon Para 18 of the judgment in the case of Md. Abdul Kadir and another vs Director General Of Police, Assam and others (2009) 6 SCC 611. He has submitted that scheme is still continuing and petitioners are working as such they may be allowed to continue till the scheme continues and may be paid their remuneration as admissible under the scheme.

On the other hand, Shri Puneet Chandra, learned counsel for the National Health Mission opposed the prayer but could not satisfy the Court on the aforesaid legal position. Shri Rajiv Srivastava, learned Standing Counsel appearing for the State respondents has also opposed the prayer but could not satisfy the proposition of law.

Since the scheme is continuing, I provide that petitioners would be allowed to continue their services, in case, they are working and will be paid remuneration till the scheme ends.

In view of the above, nothing remains to be adjudicated in the matter.

The writ petition is disposed of finally.

Order Date :- 27.2.2023

Pks