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2025 Supreme(Online)(CAT) 10163
CENTRAL ADMINISTRATIVE TRIBUNAL
R N Singh, J, Sanjeeva Kumar, A
Smt. Nagma C/o Sh. Mahammad Tahir – Appellant
Versus
Union of India Through its Secretary Ministry of Health and Family Welfare – Respondent
O.A. No.3619/2024
For the Appellants/Petitioners: Mr. Rizwan, Ms. Nistha Sinha, Mr. Azadar Hussain
For the Respondents: Mr. Hanu Bhaskar, Ms. Geetanjali Sharma
The court affirmed that health care professionals who served over 100 days during COVID-19 are entitled to preference for regular positions, aligning with the Supreme Court ruling and subsequent government notification.
Headnote:(A) Administrative Tribunals Act, 1985 - Section 19 - Preference for appointment of health workers during pandemic - Petitioners, contractual staff serving in hospital during COVID-19, seek preference for regular posts based on service rendered - Court recognizes Supreme Court's direction to consider such preference in hiring under notification dated 03.05.2021. (Paras 5, 16, 20, 30)
(B) Contractual Employment - Nature and standing - Contracts between applicants and the respondents were explicit in being temporary, with no right for regularization. Court noted that applicants had no claim for permanent positions, but merited consideration for preference due to pandemic duty under the specific notification. (Paras 10, 28)
Facts of the case:
The applicants, employed as ECG Technicians on a contractual basis, sought direction from respondents for preference in future vacancies due to contractual service during the COVID-19 crisis, specifically invoking the directions of the Supreme Court. They filed the application after multiple renewals of their contracts and pending denial of salaries.
Findings of Court:
The court found that applicants, having served over 100 days during COVID-19, were entitled to consideration under the Ministry's notification for preference in future vacancies against regular posts.
Issues: The primary concerns were whether applicants were entitled to claim preference for regularization based on the notification and their contractual status.
Ratio Decidendi: The court emphasized that while the applicants had contractual status which did not confer rights to regularization, their COVID service merited serious consideration for preference in future vacancies as per the directive of the Supreme Court and subsequent communications.
Result: The Original Application was allowed directing respondents to consider the applicants for future vacancies.
ORDER
Hon’ble Mr. Sanjeeva Kumar, Member (A):
By way of this OA filed under Section 19 of the Administrative Tribunals Act, 1985 , the applicant has sought the following relief(s):-
“i) Issue an appropriate direction or order directing the Respondents to implement the law down by the Hon’ble Supreme Court in the matter of Suo Moto Writ Petition (Civil) No.3/2021 titled as “Re: Distribution of Essential Supplies & Services during Pandemic” dated 30.04.2021 in terms of giving preference to the contractual staff for regular posts having served in the pandemic;
ii) Issue an appropriate direction or order directing the Respondents to implement the notification dated 03.05.2021 issued by the Union of India through the Ministry of Health granting preference to be given to the contractual staff having completed 100 days of covid duty;
iii) Issue an appropriate direction or order directing the Respondents to renew the Applicants’ contractual service until future vacancies arise against the regular/permanent posts of ECG Technician;
vi) Issue an appropriate direction or order directing the Respondents to give preference/absorb the Applicants in future vacancies against the regular / permanent posts of ECG Technician, arising in the Respondent Hospital or any other Government Hospital (Delhi), or answering the call of the Prime Minister to fight the pandemic-Covid 19;
v) Pass any further order as this Hon’ble Tribunal sees fit in the present facts and circumstances of the case.”
2. Brief facts of the case are that a recruitment notice for contractual posts of technical and non-technical staff in Lady Hardinge Medical College & Smt. S.K. Hospital was issued on 31.05.2018. Thereafter, a written examination for the post of ECG Technician (Contract) was held by Lady Hardinge Medical College and Smt. S.K. Hospital on 07.03.2019. The contract period for the said position was for one year only at a consolidated remuneration of Rs. 31,244/-. The result of eligible candidates on the basis of the written examination for the post of ECG Technician (Contract) was released by the respondents on 29.04.2019 wherein Applicant Nos. 1, 2 and 3 herein had cleared the examination in Sl. Nos. 3, 4 and 5 respectively. The Applicant No.3 became eligible for one of the four vacancies when one of the selected candidates pulled out of the said recruitment. Offers of appointment dated 22.05.2019 were issued to the applicants for appointment as ECG Technician on a contractual basis for a period of 1 year at Lady Hardinge Medical College and Smt. S.K. Hospital. Applicant No.1 submitted her letter of acceptance dated 27.05.2019 for the said recruitment to the contractual post of ECG Technician for a period of one year, followed by Applicant No. 3 who submitted his letter of acceptance on 28.05.2019 and Applicant No.2 who then submitted his letter of acceptance on 30.05.2019.
3. It is submitted that an office order dated 31.05.2019 was issued directing Applicant No.1 to report for duty to the assigned Doctor (HOD), Dept. of Accident & Emergency, LHMC & SSKH. Thereafter, Applicant No.1 joined the Respondent Hospital on 01.06.2019 as ECG Technician on contractual basis for a period of one year. On 03.06.2019, another Office Order was issued directing Applicant No. 3 to report for duty to the assigned Doctor (HOD), Dept. of Accident & Emergency of the Respondent Hospital. Thereafter, Applicant No.3 also joined the Respondent Hospital on 04.06.2019 as ECG Technician on contractual basis for a period of one year. Yet another office order dated 10.06.2019 was issued directing Applicant No.2 to report for duty to the assigned Doctor (HOD), Dept. of Accident & Emergency of the Respondent Hospital. Thereafter he also joined the Respondent Hospital as ECG Technician on contractual basis for a period of one year.
4. It is further submitted that in 2020 after the lapse of one-year contract, the same was renewed by the Respondent Hospital for a period of seven months which subsequently k
