Point of Law: If in opinion of Government, there is a severe shortage of nurses due to which after joining service, nurse cannot be granted extension to join service as leave to contractual leave employee otherwise is not available, then such decision, cannot be said to be unreasonable.

JUDGMENT :

Tarlok Singh Chauhan, J.

The petitioner completed her four years’ B.Sc. (Nursing) from Shimla Nursing College, in the year 2016. On 28.12.2019, an advertisement was issued by the Himachal Pradesh Staff Selection Commission, Hamirpur, (for short ‘Commission’) for filling up various posts including 307 posts of Staff Nurse (on contract basis). The petitioner being fully eligible applied for the same. She also gave the written test that was conducted by the Commission in September, 2020. Since, the result had not been declared, the petitioner, in the meanwhile, started pursuing her M.Sc. (Nursing) Course of two years duration.

2. It is eventually on 21st January, 2022 that the result of the written test was declared wherein the petitioner having qualified was offered appointment on contract basis on fixed salary of Rs.13,500/-. The petitioner was directed to join at Dr. YSPGMC, Nahan, on or before 04.02.2022. However, as observed above, since the petitioner had been pursuing M.Sc. (Nursing), she accordingly sought extension of time for joining. The respondents acceded to the request of the petitioner by extending the period of joining by six months vide communication dated 01.02.2022 by extending the date of joining as 02.07.2022 which infact ought to have been 02.08.2022.

3. Since, the course of M.Sc. (Nursing), had not been completed, therefore, the petitioner filed representation dated 08.06.2022 requesting the respondents to allow time uptill November, 2022 to complete her course. The respondents did not respond to the request made by the petitioner constraining her to join at Nahan, on 02.07.2022.

4. Thereafter, the petitioner again made a request to the respondents vide her letter dated 28.07.2022 to grant leave without pay with effect from 01.08.2022 to 30.09.2022 so as to enable her to complete M.Sc (Nursing) Course because she had completed her 80% of the Course. The respondents again did not choose to respond to the same constraining the petitioner to file the instant petition for grant of the following reliefs:-

“i. That appropriate writ, order or direction may very kindly be issued directing the respondents to allow the petitioner to remain on leave without pay up till 15th November, 2022 by further directing that such period may not even be counted for the purposes of regularization of the petitioner enabling her to complete her M.Sc. (Nursing), in the interest of law and justice.

ii) That in the alternative the respondents may very kindly be directed to grant the extension in joining the post as Staff Nurse up till 15th November, 2022 on the analogy of the past practice, in the interest of law and justice.”

5. The respondents have opposed the petition by filing reply wherein preliminary objections with regard to locus-standi and cause of action etc. have been raised. It is averred that the petitioner had been appointed as Staff Nurse on contract basis vide Office Order dated 21.01.2022 on fixed terms and conditions including a specific condition with regard to entitlement of leave at Sr. No.5 (as admissible in respect of contractual employees) which reads as under:-

“The contractual appointee will be entitled for 1 day Causal Leave after putting one month service, 10 Days Medical Leave and 5 Days Special Leave in a calendar year. However, the Contractual Appointee with less than two surviving children may be granted Maternity Leave for 180 days. The contractual appointee shall also be entitled for maternity leave not exceeding 45 Days (Irrespective the number of surviving children) during the entire service, in case of miscarriage including abortion, on production of Medical Certificate issued by the authorized Government Medical Officer. The Contractual Appointee will not be entitled for Medical Reimbursement and LTC, etc. No leave of any other kind except above is admissible to the Contract Appointee.”

6. It is also averred that the request made by the petitioner initially was considered sympathetically by the