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2023 Supreme(Online)(CAT) 3345
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CENTRAL ADMINISTRATIVE TRIBUNAL
JODHPUR BENCH, JODHPUR
Original Application No.159/2020 with MA No.34/2021
And
Original Application No.190/2020 with MA No.35/2021
And
Original Application No.191/2020 with MA No.36/2021
Date of decision : 13.12.2023
CORAM
HON’BLE MR. JUSTICE RAMESHWAR VYAS, MEMBER (J)
HON’BLE DR. AMIT SAHAI, MEMBER (A)
(1) OA NO.159/2020
1. Baijnath Kumhar S/o Sh. Balu Ram Kumhar, aged about 44
years, VPO Deewal, Tehsil Malpura Dist. Tonk (Rajasthan).
2. Jeetendra S/o Sh. Bharat Prakash, aged about 42 years, Near
Gwaleshwar Mahadev Mandir, Maderna Colony, Jodhpur
(Rajasthan).
3. Anita Yadav D/o Sh. Chhaju Ram Yadav, aged about 44 years,
39 years, Indira Vihar, Sector 7, New Power House Road,
(Rajasthan).
4. Prem Katewa D/o Sh. Dharu Ram, aged about 44 years, Village
Gopalpura, Post Hemirikala, Dist. Jhunjhunu (Rajasthan).
5. Shalini D/o Raghubir Singh, aged about 44 years, 1/1/22, Kuri
BHB, Sector 1, Jodhpur (Rajasthan).
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6. Shiny Peter D/o Peter A, aged about 39 years, 1 GHA-8,
Madhuban Housing Board, Near Ambika hospital, Basni, Jodhpur
(Rajasthan).
7. Jasbinder Singh S/o Sh. Kripal Singh, aged about 40 years, Vill
Karanpura, Pot Garda, Tehsil Kishanganj, Dist. Baran (Rajasthan).
8. Sincy Thomas D/o Sh. PP Thomas, aged about 39 years, Pazoor
Vadakekara House, Vadavathoor PO, Dit. Kottayam (Kerala)
9. Prem Prakash S/o Sh. Bhaboot Ram, aged about 34 years, VP
Ramrawas Kalan, Via Pipar Road, Jodhpur (Rajasthan).
10. Mahender Kumar S/o Sh. Prakash Ram, aged about 32 years,
VP Asawari Via Gotan, Dist Nagaur (Rajasthan).
11. Om Prakash Bishnoi S/o Sh. Ashu Ram, aged about 34 years,
VP Karwada, Tehsil Raniwara, Dist. Jalore (Rajasthan).
12. Esha Martina D/o Nichulas M Saladana, aged about 34 years,
IB 138, KBHB, (Rajasthan).
13.Sumit Sandesha S/o Sh. Trivendra Kumar, aged about 34 years,
Govt. Hospital JB/33 Opp Jujani Bus Stand, Bhinma, Jalore
(Rajasthan).
14. Joseph Peter S/o S. PM Peter, aged about 31 years, PO
Puthenparalil House, Maranon, Dist. Pathanamthitta, (Kerala)
15. Harashwardhan Gupta S/o Sh. Hari Lal Gupta, aged about 33
years, VP Theengla, Mantown, Sawaimadhopur (Rajasthan).
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16. Geetanjali D/o Sh. Shambu Singh Bhati, aged about 37 years,
R/o Tilak Marg, Buharwadi, Salumbar, Dist. Udaipur (Rajasthan).
17. Divya D/o Sh. Chandrashekhar Vyas, aged about 32 years, R/o
Dholiwadi, Dheero Ka Was, Godarpura, Swami Vivekanad Marg,
Sojat City, Dist. Pali (Rajasthan).
18. Devkiran Shortriya S/o Sh. Rameshwar ji, aged about 31 years,
VP Shakkargarh, Tehshil Jahazpur, Dist. Bhilwara (Rajasthan).
19. Ajeet Kulshrestha S/o Sh. Ramsewak Kulshrestha, aged about
36 years, R/o Haud, Chetan Nagar, Near Sita Vai Bagichi, Bari,
Dist. Dholpur (Rajasthan).
20. Sunil Sharma S/o Sh. Ghisulal Sharma, aged about 36 years,
R/o A-265, Near Sarvodaya School, Sanjay Colony, Bhilwara
(Rajasthan).
21. Ashok Kumar Sharma S/o Sh. Srawan Kumar Sharma, aged
about 38 years, VP Talab, Teh Rajgarh, Dist Alwar (Rajasthan).
22. Mangal Pandey S/o Sh. Bhagwati Prasad Pandey, aged about
38 years, Holi Chowk, Brahmpuri, Udaipur (Rajasthan).
23. Ravi Prakash Tailor S/o Sh. Ratan Lal, aged about 37 years, VP
Gagrana, Tehsil Merta City, Dist. Nagaur (Rajasthan).
24. Anil Kumar Maurya S/o Sh. Hari Ram ji, aged about 33 years,
Ragron Ka Mohall, Hingonaiya, Jaipur (Rajasthan).
25. Roney Thomas W/o Sh. Rino P Rajan, aged about 35 years,
Vadakkadathu Veedu, Erezha North, Mavelikara, Chettikulangara,
Kannnamanglam (Part), Alappuzna (Kerala)
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26. Nayan Tara D/o Sh. Mohan Lal, aged about 35 years, R/o
Ranasar via Doomra, Tehsil Nawalgarh, Dist. Jhunjhunu
(Rajasthan).
27. Usha Kumari D/o Sh. Sheopal Singh, aged about 42 years,
WZH 26, Second Floor, Sant Nagar Extension, Tilak Nagar, 2nd
Street, Near Montushah Cable Network, New Delhi
28. Vinod Kumar Nagar S/o Sh. Rambharosa Nagar, aged about 31
years, resident of Antana Tehsil Atru, Dist. Baran (Rajasthan)
29. Palwinder Kaur D/o Sh. Sukhdev Singh, aged about 35 years,
R/o B VIII-420, Street O, Anand Nagri, City Abohar, Dist. Fazilka
(Punjab).
30. Daljeet Kaur D/o Gurmeet Singh, Bainapur Po Pabwan, via
Bandala, Tehsil Phillam, Jallandhar (Punjab)
31. Ranjeet Gochar S/o Sh. Jagdish Gochar, VP Radi, The K Patan,
Dist. Bundi (Rajasthan)
32. Sarita D/o Sh. Shish Ram Nehra, VPO Bhukana, Tehsil
Chirawa, Dist. Jhunjhunu (Rajasthan)
33. Mukesh Rathor S/o Sh. Ramswaroop Rathor, aged about 37
years R/o Saraswati Colony, The Tactory, Dist. Baran (Rajasthan)
34. Sukhpal Singh Shekhawat S/o Sh. Ghishu Singh, aged about 35
years, R/o Kariri, via Khejroli, Tehsil Shahpura, Jaipur (Rajasthan)
35. Mohd. Imran S/o Abdul Hakim, aged about 37 years, R/o
Mohalla Roshanganj, Sayed Colony, Ward No. 12 (New), Sikar
(Rajasthan)
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36. Aziz Ahmed S/o Sh. Mohd Anis Pathan, aged about 35 years,
R/o Mohalla Ghati, Near Jain Temple, Hazipura, Dungarpur
(Rajasthan)
37. Manju Chaudhary D/o Sh. Daya Ram Kulhari, aged about 38
years, R/o VPO Ghadhala Kalan, Tehsil Udaipurwati, Dist.
Jhunjhunu (Rajasthan)
38. Ashok Kumar Saini S/o Sh. Mangi Lal Saini, aged about 33
years, R/o Gudha Salt, Tehsil Nawa city, Dist. Nagaur (Rajasthan)
39. Hari Om Sharma S/o Sh. Gajanand Sharma, aged about 37
years, R/o Murti Mohalla, Jhalara Kua ke pass, Gangapur,
Sawaimadhopur (Rajasthan)
40. Anoop Kumar Mahawar S/o Sh. Ram Singh Mahawar, aged
about 35 years, R/o 359, Tirupati Balaji Nagar, Opp Air Port,
Sanganer Jaipur (Rajasthan)
41. Praveen Mehta S/o Sh. Tulsi Ram Mehta, aged about 38 years,
R/o Azad Chowk, Tehsil Aspur, Dist. Dungarpur (Rajasthan)
42. Sunita Kumari D/o Sh. Ram Lal Singh, aged about 35 years,
R/o Vill Kangansar, Dist. Sikar (Rajasthan)
All the applicants are working on the post of Nurse Gr. II in AIIMS
Jodhpur.
….…Applicants in OA No.159/2020
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(2) OA NO.190/2020
1. Devendra Kumar S/o Sh. Sishupal Singh, aged about 31 years,
R/o 21232, Housing Board Colony, Bari Road, Dholpur
(Rajasthan).
2. Himmat Singh Rajpurohit S/o Sh. Bagad Singh, aged about 32
years, R/o VPO Mandla, Tehsil Sojat City, Dist. Pali (Rajasthan)
3. Sheeja M Thankanchen D/o Sh. Yohannan Thankanchen, aged
about 36 years, R/o Sheeja Bhawan, Near Kanermukh,
Kannanakhuahy, Mavelikara, Alappuzha, (Kerala)
All the applicants are working on the post of Nurse Gr. II in AIIMS
Jodhpur.
…Applicants in OA No.190/2020
(3) OA NO.191/2020
1. Mrs Anshu Alex D/o Sh. P Alexender, aged about 38 years,
resident of Pattathanam House, Chengalam South, Dist. Kottayam
(Kerala).
2. Manivannan R S/o Sh. Ramamoorthy, aged about 33 years, R/o
House No. 12/128, Pavathakoli street, Thottakadu house, Pattinam,
Namakkal (Tamilnadu)
Both the applicants are working on the post of Nurse Gr. II in
AIIMS Jodhpur.
….Applicants in OA No.191/2020
Versus
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1. Union of India Through the Secretary, Ministry of Health &
Family Welfare, New Delhi 110029.
2. Administrative Officer / Director, All India Institute of Medical
Sciences, Basni Ilnd Phase, Jodhpur-
342005.
3. Administrative Officer/Director, All India Institute of Medical
Sciences, New Delhi-110608.
4. Examination Controller, Examination Saction, All India Institute
of Medical Sciences, Ansari Nagar, New Delhi-110608.
…..Respondents
By Advocate: Mr. J.K. Mishra, counsel for applicants.
Mr. K.S. Yadav, counsel for respondents.
Hon’ble Mr. Justice Rameshwar Vyas, Member (J)
With the consent of counsel for the parties, above
mentioned OAs are being decided at the admission stage by way of
this common order.
2.
Heard learned counsel for the parties and perused the
material on record.
3.
The applicants herein joined as Nursing Officer/Nurse Grade
II on contact basis pursuant to an advertisement dated 15.07.2013.
Apprehending
their
termination,
earlier
they
filed
OAs
No.445/2016, 446/2016, 448/2016, 449/2016, 450/2016 and
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105/2017, praying therein for their regularization and seeking
directions against the respondents not to terminate the services of
the applicants during the pendency of the aforesaid Original
Applications.
4.
Vide order dated 01.04.2022, this Tribunal in the above said
OAs, directed the respondents not to terminate the services of the
applicants till the next date of hearing and that interim order has
been regularly extended till today. Above mentioned OAs
No.445/2016, 446/2016, 448/2016, 449/2016, 450/2016 and
105/2017 seeking for regularization of their services are still
pending for adjudication before this Tribunal.
5.
Meanwhile, the respondents vide advertisement dated
05.8.2020 invited applications for Nursing Officer posts at level-7.
6.
Being aggrieved with that, the applicants herein have filed
the present Original Applications with the prayer to quash the
advertisement dated 05.08.2020 and also prayed to issue directions
against the respondents to keep posts of Nursing Officer vacant for
the applicants herein in pursuance to the advertisement dated
05.08.2020 during the pendency of these OAs. After hearing both
sides this Tribunal on 06.10.2020 passed the following order:-
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“Heard rival contentions of the parties and perused the material
available on record.
It is undisputed that posts of Nursing Officer/Staff Nurse Grade-II are
lying vacant in respondent AIIMs and due to that, the respondents
have repeatedly published advertisements to fill up the vacant posts of
Nursing Staff Grade-II/Nursing Officers. It is also very clear that
there are requirements of Nursing Staff in the respondent AIIMS, that
is why the respondents are again published advertisement for filling up
the vacant posts of Nursing Staff. From the advertisement, it is also
clear that the experience as claimed by the respondents is only of 02
years’ and the applicants herein are already having more than 06
years’ of experience. Also, the applicants were appointed after
following due selection process of written examination, document
verification as well as interview which is also the criteria for
appointment on the post of Nursing Officer/Staff Nurse Grade-II in the
current advertisement dated 05.08.2020 (Annex. A/1). Taking into
consideration page 56 of the OA, that the respondents themselves have
given assurance for absorption/regularization to the applicants herein
and also taking into consideration that by these 06 years, the
applicants herein are more confident and more capable to provide
better service. Hence, it is felt that learned counsel for the applicants
has made out a prima facie case and balance of convenience also lies
in favour of the applicants. The counsel for the applicant also states
that in a similar matter this Bench has already passed in favour the
applicant therein.
Accordingly, in the interest of justice, the respondents are directed to
keep 03 posts of Nursing Officer/Staff Nurse Grade-II vacant in AIIMS
- Jodhpur subject to the outcome of this OA.
Learned counsels for the respondents are directed to file detailed
counter affidavits within 4 weeks from today. In the meantime, the
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respondents may also file a Miscellaneous Application for stay
vacation, if they so desire.”
7.
Having regard to the submissions made by the learned
counsel for the parties and material available on record, as also
order of interim relief granted in favour of the applicants in the
aforesaid OAs seeking regularization of their services,
