Pradeep Nandrajog, J. (Oral)

CM No.570/2013

Allowed, subject to just exceptions.

W.P.(C) 278/2013

1. Let us first note the admitted facts.

2. In the year 1992, the Supreme Court had required All India Institute of Medical Sciences to frame a one-time policy to regularize the services of those who had worked on research projects on contract, ad-hoc or temporary basis up to 15 years.

3. Based thereon, All India Institute of Medical Sciences filled up posts of Information Officer, Programmer, Research Officers, Social Workers, Research Assistants, Senior Research Fellows and Research Associates.

4. One would have expected that All India Institute of Medical Sciences would not follow the practice hithertofore followed i.e. employing people for long durations in research projects against temporary posts or contractual posts.

5. The respondent was employed on temporary basis in a research project in the year 1994 and continues to work with All India Institute of Medical Sciences even today. The post to which the respondent has been appointed is that of Medical Social Service Officer Grade-II.

6. Vide impugned decision taken by the Tribunal on September 3, 2012 direct