Dr. Braham Dutt vs Union Of India & Ors
2021 Latest Caselaw 1749 j&K

      HIGH COURT OF JAMMU& KASHMIR AND LADAKH
                     AT JAMMU

                                                      WP(C) No. 485/2021
                                                       CM No. 2341/2021
                                                       CM No. 8424/2021

                                                 Pronounced on : 27 .12.2021

Dr. Braham Dutt                                            .... Petitioner(s)

                                Through:- Mr. Rakesh Sharma,
                                          Advocate.

                          V/s

Union of India & Ors.                                    .....Respondent(s)

                                Through:- Mr. H. A. Siddiqui, Sr. AAG.

CORAM : HON'BLE MRS. JUSTICE SINDHU SHARMA, JUDGE
                                JUDGMENT

01. The petitioner was engaged as Research Scientist-I in Multi

Disciplinary Research Unit (MRU) at Government Medical College,

Jammu vide office order No. 547 of 2015 dated 08.01.2015, pursuant to

Advertisement Notice issued on 30.12.2014. The engagement of the

petitioner was extended from time to time without any interruption and

vide order No. 1029-GMC of 2020 dated 16.10.2020, post facto sanction

was accorded to the grant of extension in favour of the petitioner as

Research Scientist-I in Multi Disciplinary Research Unit at Government

Medical College, Jammu from the date of expiry of his last extension i.e.,

11.01.2019 to 31.03.2021 or till the scheme is alive whichever is earlier or

subject to such other communication received from the Deputy Secretary

to Government, Government of India, Ministry of Health & Family

Welfare, Department of Health Research.

02. The petitioner is aggrieved of the impugned order dated

16.10.2020 only to the extent that „The doctor shall deem to have been

relieved on the expiry of last date of this order‟ which, according to him,

is without any legal basis and against the express clarifications of the

Centre Health Authorities/UT. Petitioner, thus, seeks a direction to the

respondents to allow the petitioner to continue and work on the post of

Research Scientist-I till such time Central Government Scheme and MRU

at GMC Jammu are alive.

03. After serving as Causality Medical Officer in Govt. Medical

College Hospital, Jammu, the petitioner superannuated on 30.04.2009 and

thereafter, he joined Acharya Shri Chander College of Medical Science

and Hospital (ASCOMS) Sidhra, Jammu as Tutor in the Department of

Forensic Medicine and Toxicology and remained there upto 10.01.2015.

He while working as Tutor in the said College, was engaged on the post of

Research Scientist-I in Multi Disciplinary Research Unit in the

Department of Microbiology at Govt. Medical College, Jammu in terms

of Order No. 547 of 2015 dated 08.01.2015.

04. The petitioner is aggrieved of the said condition i.e., „deem to

have been relieved on the expiry of last date of this order‟ on the ground

that same is against law and basic order of engagement as well as against

other conditions of the order, therefore, the same is required to be set

aside. The condition "deemed relieved on expiry of the last date" in the

impugned order is illegal, arbitrary, unfair and unjustified as the unit is

running under the Central Government Scheme which is not permanent

and may come to an end at any time, therefore, the petitioner may be

allowed to work till the unit is alive.

05. The respondents on the other hand submit that at the time of

engagement of the petitioner, no assurance was extended to the petitioner

that he would continue indefinitely as the engagement was contractual for

one year and by afflux of time, the same has come to an end, even the

subsequent extensions have also come to an end on 31.03.2021. The

petitioner, therefore, cannot insist for continuation of the same till the

currency of the scheme. Moreover, as per the respondents, the petitioner

has already attained the age of 70 years on 22.04.2021. The duration of

his tenure cannot exceed 70 years as per the guidelines issued by the

ICMR-Emeritus Scientist Scheme/Indian Council of Medical Research

Govt. of India. The initial appointment is for a period of three years and

can be extended upto a maximum period of two more years i.e., one year

at a time may be granted in deserving cases depending upon the

programme of research work undertaken and on the recommendation of

the Selection Committee till the age of 70 years is attained. The duration,

therefore, would not exceed by 70 years or maximum tenure of five years

or the period of project whichever is earlier. It is also submitted that the

petitioner accepted the terms of his appointment, including the last

extension granted to him, therefore, he cannot question the same, as such,

this petition is required to be dismissed at this very threshold.

06. The petitioner has placed reliance to the Advertisement Notice

issued by the respondents regarding WALK IN INTERVIEW for the post

of Research Scientist-II. It is submitted that in the advertisement notice,

applications were invited from the eligible candidates for engagement on

contractual basis on various posts in Multi Disciplinary Research Unit for

a period of one year or till such time the scheme is alive in Govt. Medical

College Hospital, Jammu.

07. Mr. Rakesh Sharma, learned counsel for the petitioner, has laid

emphasis on the fact that the Scheme is alive till 2026, therefore, the

petitioner has a right to continue as Research Scientist-II till the scheme is

alive. The services of the petitioner automatically will come to an end,

when the Scheme ends.

08. The respondent No. 3 i.e., Principal Medical College had sought

clarification regarding grant of extension to the petitioner vide

communication dated 30.07.2009. The Under Secretary to the Govt.

Department of Health had advised that the case of the petitioner be settled

as per the guidelines issued by the Department of Health Research,

Ministry of Health & Family Welfare, Government of India/ICMR.

09. The Deputy Secretary to the Govt. of India vide his

communication dated 24.08.2020 while replying to the clarification

sought by the Principal Medical College that for administrative matters,

the terms had also to the respondent No. 3, the same being relevant is

reproduced below:-

"2. The guidelines issued by this Department for the scheme of Multi Disciplinary Research Units do not contain any instructions on age limit for appointment/retirement for any contractual position. For the contractual workers engaged under the scheme, the financial commitment of DHR is restricted to releasing grant-in-aid to cover the remuneration of such

workers, under the scheme. For administrative matters, the terms of engagement are regulated by instructions, if any, issued by the respective colleges".

10. The petitioner was engaged in terms of Order No. 547 of 2015

dated 08.01.2015 and it was clearly stated that the petitioner was

appointed as Research Scientist-I on consolidated Salary of Rs. 48,469/-

per month for a period of one year or till the scheme is alive whichever is

earlier. The period of one year being ealier, this engagement would come

to an end. Though the initial contractual engagement of the petitioner was

extended subsequently from time to time. The impugned order dated

16.10.2020 granting post facto sanction in favour of the petitioner also

contains a similar clause that his engagement was from the date of expiry

of his last extension i.e., 11.01.2019 to 31.03.2021 or till the scheme is

alive whichever is earlier. The petitioner having accepted the engagement

was well aware that, this service would come to an end at expiry of last

date of this order. Therefore, having accepted the same, he cannot

question the same order as his extension was only till 31.03.2021.

11. Learned counsel for the petitioner had submitted that the

guidelines relied upon by the respondents with regard to maximum age for

engagement of contractual basis are with regard to Orissa State and the

same are not applicable to the petitioner. These guidelines for recruitment

of staff so far as the petitioner is concerned, it is stated that there was no

post of Research Scientist-I in these guidelines, therefore, no maximum

age is prescribed.

12. The fact remains that the petitioner was engaged on contractual

basis and the order dated 16.10.2020 granting post facto extension was

specifically from the date of expiry of last extension i.e., 11.01.2019 to

31.03.2021. Therefore, the extension was to end on 31.03.2021. The

respondents were well within their right to direct in relieving the

petitioner at the expiry of the last date. The terms of engagement and

other administrative matters are the prerogative of the respective college.

The petitioner, thus, has no right to continue on the post till, the Scheme is

alive, which, according to him is extended till 2026.

13. The respondents are, thus, well within their rights to end his

engagement after the period is over and thus, they have rightly added that

the petitioner shall deem to have been relieved on the expiry of last date

of order.

14. In view of the aforesaid, there is no merit in this writ petition,

which is, accordingly, dismissed alongwith connected application(s).

(Sindhu Sharma) Judge JAMMU 27 .12.2021 RAM MURTI Whether the order is speaking : Yes Whether the order is reportable : Yes

RAM MURTI 2021.12.31 13:16 I attest to the accuracy and integrity of this document