Delhi High Court
Ramjatan Paswan & Ors. vs Union Of India & Ors. on 3 February, 2011
Author: Sanjiv Khanna
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ Writ Petition (C) No. 668/2011
Ramjatan Paswan & Ors. ....Petitioner
Through Mr. P.K. Jain, Advocate with
Mr. Ashutosh Mani Tripathi,
Mr. Pankaj Aggarwal and
Mr. P.K. Goswami, Advocates.
VERSUS
Union of India & Ors. .....Respondents
Through Mr. Sunil Kumar, Central Govt.
Counsel with Mr. Rajiv Ranjan
Mishra, Advs. for Respondents 1-3.
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE SANJIV KHANNA
ORDER
% 03.02.2011
The petitioners 46 in number have challenged orders of the
Central Administrative Tribunal dated 30th July, 2010 and 18th October,
2010 dismissing their original petition and the review application. The
contention of the petitioners before the Tribunal and before us is that
they should be regularized and appointed as regular Nursing Attendants
in the Safdarjung Hospital. The petitioners' services were dispensed
with vide order dated 8.3.2010, hence they have claimed
reinstatement.
2. It is urged before us that the petitioners were selected after
regular selection process and, therefore, decision of the Supreme Court
in the case of State of Karnataka vs. Uma Devi, 2006 (4) SCC 19, is not
applicable, rather supports them as their initial appointment was not
illegal. It is further submitted that the respondents have issued tender
notice inviting technical and financial bids from reputed firms for
outsourcing the work which was being performed by the petitioners.
3. The respondents had issued an advertisement in Employment
News in November, 2007 for 31 vacancies for the post of Nursing
Attendants, which is a group 'D' post. The qualification prescribed was
Middle Pass, elementary knowledge of first-aid and one year
experience in handling or dressing of wounds. It was mentioned that
the posts mentioned in the advertisement was likely to increase.
4. Against the posts of 31 Nursing Assistants, 38 candidates were
selected and appointed. Petitioners were not selected and appointed
against the said posts. By order dated 11th February, 2009, 70 persons
were appointed on daily wage of Rs.191/- per day till the finalization of
outsourcing of the Nursing Assistants or six months, whichever was
earlier. The lists of persons appointed by the said order, shows that
most of the petitioners have passed 8th or 10th class only.
5. It is not possible to agree with the contention of the petitioners
that they are entitled to and have right to be regularized. The initial
appointment itself made on 11th February, 2009 was with the specific
condition that the petitioners were daily wagers and with the
knowledge and intimation that their services were temporary till the
services were outsourced or for a period of six months, whichever was
earlier. It may be noted that there was/is a ban on fresh recruitment or
creation of new group 'D' posts. The Central Government had agreed
to employment of daily wage workers specifically on the condition that
the appointment would be temporary till finalization of outsourcing or
six months, whichever was earlier. Ignoring the said stipulation would
result into difficulties and problems. The term of the petitioners came
to an end on 8.3.2010. The said aspects have been fully adverted to
and taken into consideration by the Tribunal and we do not see any
reason to interfere with the said order. Accordingly, the writ petition is
dismissed in limine with no orders as to costs.
SANJIV KHANNA, J.
CHIEF JUSTICE
February 3, 2011
KKB
