Contractual employees cannot be replaced without due process, particularly if complaints are involved, ensuring the principles of natural justice are followed.

ORDER (ORAL)

Hon’ble Mr. R N Singh, Member (J)

Earlier this O.A. was dismissed by this Tribunal vide order dated 27.09.2023. The said order of the Tribunal was challenged by the original applicant before the Hon’ble High Court of Delhi in W.P. No. 13029/2023, wherein the Hon’ble High Court vide order / judgment dated 09.10.2023, has set aside the Tribunal’s aforesaid order and restored and revived the O.A. on the board of this Tribunal. Thus the O.A. was listed for fresh adjudication.

2. We have heard the learned counsels for the parties and also perused the pleadings available on record.

3. Undisputed facts are that in the year 2019 the respondents through the Office of the District Magistrate, North, Govt. of NCT of Delhi invited application(s) for the post of “Central Administrator” in one stop center, established in Babu Jagjivan Ram Memorial Hospital, Jahangirpuri, New Delhi. The applicant also applied in response to such advertisement. Pursuant to the selection process, the Selection Committee selected the applicant. The recommendation of the selection committee was accepted by the Competent Authority vide their order dated 09.12.2019 and thus the applicant was appointed to the said post w.e.f. 09.12.2019, on contract basis. Such contractual appointment of the applicant was extended for one year w.e.f. 10.12.2020 to 09.12.2021 and later on 11.12.2021 to 09.06.2022. The contract was lastly extended on 11.06.2022 to 16.08.2022, with the approval of the competent authority. Vide impugned notice dated 08.07.2022, the applicant was informed that the competent authority has not extended her contract beyond 16.08.2022 and thus the said notice, with direction to attend the duties upto 16.08.2022. Vide the impugned notice it was also informed that the applicant shall be at liberty to reapply and appear for the recruitment process.

4. The respondents initiated recruitment for the same post again on contract basis, through impugned notice Annexure- A/2 dated 08.07.2022. Aggrieved by non-extension of her contractual employment vide the impugned notice dated 08.07.2022 and also the action of the respondents vide their impugned notice, initiating fresh recruitment again on contract basis for the same post on which the applicant had earlier been selected and been continuously working as such, vide orders for extension of the contract from time to time, the applicant has approached this Tribunal by way of the present O.A. seeking the following reliefs:-

“8. (i) That the Hon'ble Tribunal may graciously be pleased to pass an order of quashing the impugned order. dated 08.07.2022 (Annexure A/1) and fresh advertisement for one post of Central Administrator (Annexure A/2) and consequently, pass an order directing the respondents to allowing the applicant to work in· the department to the post of Central Administrator at one stop centre, Babu Jagjivan Ram Memorial Hospital, Jahangirpuri, New Delhi till post is. filled up by regular employee and the service of the applicant cannot be replaced by another contract employee.

(ii) Any other relief which the Hon'ble Tribunal deem fit and proper may also be granted to the applicant along with the costs of litigation.”

5. After hearing, this Tribunal vide interim order dated 08.08.2022, directed the respondents to continue the applicant’s service on contract basis, if they are in need of service of such employee on contract basis. The respondents were further directed not to declare the final result of the post in question pursuant to the selection process initiated vide the impugned advertisement notice dated 08.07.2022.

6. Counter reply was filed by the respondents, seeking dismissal of the O.A. with cost. The applican