Delhi High Court
Akash Solanki & Anr. vs Government Of Nct Of Delhi And Anr. on 14 March, 2024
Author: Tushar Rao Gedela
Bench: Tushar Rao Gedela
$~67
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 14.03.2024
+ W.P.(C) 3798/2024
AKASH SOLANKI & ANR. ..... Petitioners
versus
GOVERNMENT OF NCT OF DELHI AND ANR.
..... Respondents
Advocates who appeared in this case:
For the Petitioners : Ms. Draksha Khan, Mr. Sahil Raja and
Mr. C. M Jha, Advocates.
For the Respondents : Mrs. Avnish Ahlawat, Standing
Counsel for GNCTD with Mrs. Tania
Ahlawat, Mr. Nitesh Kumar Singh, Ms.
Laavanya Kaushik, Ms. Aliza Alam
and Mr. Mohnish Sehrawat, Advocates.
CORAM:
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
JUDGMENT
TUSHAR RAO GEDELA, J. (ORAL)
[ The proceeding has been conducted through Hybrid mode ]
CM APPL. 15594/2024 (for exemption)
1. Exemption is allowed, subject to all just exceptions.
2. The application stands disposed of.
W.P.(C) 3798/2024 & CM APPL. 15593/2024 (for interim relief)
3. This is a writ petition under Article 226 of the Constitution of
India, 1950, seeking inter alia the following reliefs:-
"a. Issue a writ of mandamus or any other appropriate writ thereby
quashing the advertisement no. ICSIL/RC/10-
A/287/RGSSH/Various posts/2023- 2024 for 2 posts of Cath Lab
Technician appended as Annexure P-1.
b. Issue a writ of mandamus or any other appropriate writ directing
the Respondent not to terminate or replace the Petitioners through
another set of contractual employees till regular selection are made.
c. To provide equal pay benefits to the Petitioners in terms of the
pay fixed for the post of technician Gr-II under the respondent
department in the similar way as being provided to nursing staffs,
with all consequential benefits since initial appointment.
d. Pass any other or further order which this Hon'ble court may
deem fit and proper according to the facts and circumstances of the
case."
4. Learned counsel appearing for the petitioners submits that the
Intelligent Communication Systems India Limited (hereinafter referred
to as "ICSIL") had issued a notification vide Advt. No.: - ICSIL/RC/10-
A/287/RGSSH/Various posts/2023-2024 for recruitment to various
posts on contractual basis to be deployed in Rajiv Gandhi Super
Speciality Hospital, Delhi.
5. Learned counsel submits that according to the serial No. 2, the
ICSIL has advertised 06 posts for Cath Lab Technician (Cardiology) on
contractual basis.
6. She further submits that petitioners are also Cath Lab Technicians
in the very same Hospital and are sought to be replaced by another set of
contractual employees, which is violative of judgment of the Supreme
Court in the State of Haryana & Ors. vs. Piara Singh & Ors. reported
in (1992) 4 SCC 118. She further submits that except by way of regular
selection, one set of contractual employees cannot be replaced by
another set of contractual employees.
7. Issue Notice.
8. Notice is accepted by Ms. Laavanya Kaushik, learned counsel
appearing for respondent Nos. 1 and 2, who, on written instructions,
submits that the posts advertised in serial No. 2 for Cath Lab Technician
is in addition to the already engaged contractual employees, and as such,
the same would not be in a manner of replacement of the presently
employed contractual employees.
9. Ms. Kaushik submits that the petitioners are the outsourced
employees, who have also been engaged through ICSIL.
10. Ms. Kaushik, learned counsel submits that since the posts are in
addition to the employees, who have already engaged contractual
employees, there could not be any possibility of any grievance of the
petitioner in respect of the respondents seeking additional contractual
employees.
11. In view of the aforesaid statement of Ms. Kaushik, learned
counsel for the respondents, the petition along with pending application
is disposed of binding the Department to the statement given, with no
order as to costs.
TUSHAR RAO GEDELA, J.
MARCH 14, 2024/nd
