CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI O.A. No. 1213/2025 th This the 16 April, 2025 Hon’ble Ms. Harvinder Kaur Oberoi, Member (J)

Hon’ble Dr. Sumeet Jerath,, Member (A)

Gopi Ram S/o Sh. Bhakhara Ram Age 32 Yrs R/o VPO Durgawas, The Bagoda Distt. Jalore, Rajasthan 343030 .… Petitioners (By Advocate: Mr. Anoop Kumar)

VERSUS

1. Union of India though the Secretary, Govt. of India Ministry of Health and Family Welfare, Nirman Bhawan, Rajpath Area, Central Secretariat, New Delhi-11 0001

2. The Director, Directorate General of Health Services Ministry of Health & Family Welfare, Nirman Bhawan, Maulana Azad Rd, New Delhi 110011.

3. The Deputy Director (Admin.), Dr. Ram Manohar Lohia Hospital, Atal Bihari Vajpayee Institute of Medical Science, New Delhi New Delhi-110001 ..... Respondents (By Advocate : Mr. Manish Kumar)

ORDER (ORAL)

Hon’ble Ms. Harvinder Kaur Oberoi, Member (J):

Learned counsel appearing for the applicant submits that the applicant had approached the respondents seeking permission to join his duties. He further submits that the applicant is a confirmed Nursing Officer of the batch 2019 under the Dr. R.M.L. Hospital. He also draws attention to the order dated 14.06.2024 in which the applicant’s name is placed at Serial No. 139. He further submits that the applicant had joined on the said post on 06.01.2020 and after successful completion of probation period of two years on 05.01.2022 and vide the order dated 14.06.2024, he had been confirmed. However, the applicant was unwell and had proceeded on medical leave. Thereafter, on 07.03.2025, on being physically fit, he requested the respondents to allow him to join the duty, however, he was not allowed to do so. Hence, the present OA has been filed by him seeking the following reliefs:-

“(a )Directing the respondents to place the relevant records pertaining to the present O.A. before their Lordships for the proper adjudication in the matter, in the interest of justice.

(b) Declaring the actions of the respondents not to allowing the applicant to resume his duties, who requested to resume his services after a leave of 114 days without any rhymes and reasons as well as ignoring the request of the applicant submitted in the shape of representation dt. 07.03.25 and 09.03.25 and wandering from post to pillar without any salary causing financial hardships to the extent of starvation followed further as per tune of the concerned officials but there is no fruitful result.

(c) Directing the respondents to allow the applicant to resume on duties and release the salary with all back wages as the applicant should not suffer for the fault of the respondent but there is no fruitful result at all.

(d) Allowing the O.A. of the applicant with all other consequential benefits and cost.

(e) Any other fit and proper relief may also be granted to the applicant.”

2. Learned counsel appearing for the respondents submits that the applicant and the batch of the Nursing Officers had been offered appointment pursuant to their being successful in the NORCET conducted by AIIMS.

3. Learned counsel for respondents submits that a complaint was received in the Ministry and on the basis of compliant received regarding some discrepancy has been occurred in the examination, it was directed by the competent authority that biometric verification of the entire batch of the officers so appointed was being conducted. He further states that when the applicant came to know of the exercises, he has illegally proceeded on the false medical leaves. However, the respondents are ready to consider the applicant for joining or taking him on duty provided he undertakes to go through identification/biometric verification test.

4. Learned counsel for the applicant has no objection to the same.

5. In view of the above, the present OA is disposed with a direction to the applicant to make himself available in the test for identification/biometric verification to be done by the respondents.

6. Needless to say that if the appl