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2014 Supreme(Del) 2074

S.RAVINDRA BHAT, VIPIN SANGHI
Sapna Channa – Appellant
Versus
Government of NCT of Delhi – Respondent


Advocates Appeared:
For the Petitioner:Pratima K. Gupta, Abhishek Goyal, Sandeep Kumar, Advocates, Rakesh Tikku, Senior Advocate.
For the Respondent:R1 & R2, Zubeda Begum, Standing Counsel, R3, Naresh Kaushik with Amita Singh Kalkal, Aditi Gupta, Advocates.

Judgment

S. Ravindra Bhat, J.

1. The petitioners in this case are aggrieved by the common order of the Central Administrative Tribunal (CAT) dated 02.07.2014 in O.A. No. 3145 of 2013, whereby their applications seeking direction for permanent absorption in the cadre of General Duty Medical Officers (GDMOs), denied to them by the GNCTD decision, was rejected.

2. Briefly, the facts are that both the petitioners joined the GNCTD as deputationists and were working as GDMOs, discharging the duties of medical doctors. The petitioner in W.P. (C) 4151 of 2014 Dr. Sapna Channa joined the GNCTD on 26.08.2008 in such capacity, having been recommended by the selection committee, with the approval of the Lieutenant Governor. Likewise, the petitioner in W.P. (C) 4167 of 2014, Dr. Sarla Gupta, was appointed as GDMO some time on 29.11.2004. At these points in time in 2004 and 2008, when the petitioners joined the GNCTD, no rules for governing the terms and conditions of such GDMOs or, for that matter, the Delhi Health Service (DHS) existed. These were subsequently framed on 23.12.2009 by the Delhi Health Service (Allopathy) Rules, 2009 (hereafter referred to as the 2009 rules).

3. The 2009 rules
































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