Ad hoc employees cannot be replaced by another ad hoc employee and can only be replaced by regularly appointed candidates.

JUDGMENT

Hiranmay Bhattacharyya, J. - The order dated May 5, 2022 passed by the Central Administrative Tribunal, Kolkata Bench, Kolkata (for short the Tribunal) In Original Application No. 131/2022/Port Blair and MA/44/2022 is the subject matter of challenge in the writ petitions filed by the Andaman and Nicobar Administration as well as at the instance of original applicants before the Tribunal.

2. The writ petition filed by the Andaman and Nicobar Administration (for short 'the Administration') is registered as WPCT/11/2022 while the one at the instance of the original applicants before the Tribunal is registered as WPCT/18/2022.

3. Since both the writ petitions arise out of the order passed on the Original Application filed before the Tribunal, both the writ petitions were heard analogously and are being disposed of by this common judgement and order.

4. The original applicants before the Tribunal claim to have been appointed as General Duty Medical Officer (for short 'GDMO') on contractual basis under the Directorate of Health Services, Andaman and Nicobar Administration. The original applicant No. 1 and 2 claim to have been appointed as GDMO on contractual basis on the basis of selection process held on 12.08.1998 and 18.03.2004 respectively. The original applicant nos. 3 to 7 claim to have been appointed also as GDMO on various dates on and from 2008 onwards on contractual basis. Though the original applicants were initially appointed for a specific period, such period was extended from time to time and the last extension was made vide order dated January 6, 2022 for the period from 01.01.2022 to 28.02.2022. A paper publication dated January 12, 2022 was made inviting the intending candidates for appointment to the post of General Duty Medical Officers for a period of one year or till regular incumbent joins, which compelled the writ petitioners in WPCT/18/2022 to approach the Tribunal. The original applicants prayed for setting aside the notice dated January 12, 2022 and for a direction upon the Administration to extend the period of contract till the consideration of regularisation of their service.

5. Administration contested the original application before the Tribunal by filing a reply thereto contending that in response to the proposal sent by the concerned Directorate to the Administration for extension of the contract period of the original applicants for another year, the Administration returned the proposal and issued a direction for advertisement to fill up the 37 posts including 7 posts held by the original applicants on contractual basis and if the original applicants apply, they will be considered as per the standard Recruitment Rules for such posts. The Administration contended that the original applicants being contractual appointees have no legal right to claim for regularisation or continuation in the sanction posts in deviation of the Recruitment Rules.

6. The learned Tribunal by the order impugned dated May 5, 2022 disposed of the original application with a direction upon the Administration to complete the process of verification within the time limit specified in the impugned order and if after verification the same is found to be in order to reengage the applicants against the posts kept aside for them with proper remuneration in accordance with law.

7. Being aggrieved against such order, the Administration as well as the original applicants have preferred separate writ petitions.

8. Mr. Chakraborty, learned advocate for the Administration attacked the impugned order by contending that the direction passed by the Tribunal to reengage the original applicants in the posts where they were working is against the well settled principles laid down by the Hon'ble Supreme Court in the case of Secretary, State of Karnataka and others vs Umadevi (3) and others reported at (2006) 4 SCC 1 wherein the Hon'ble Supreme Court after taking into consideration various judgements passed from time to time held that a person wh