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2025 Supreme(Online)(CAT) 13416

CENTRAL ADMINISTRATIVE TRIBUNAL
SHRI SUDHI RANJAN MISHRA, M, SHRMI P. ARA NMOOD K, M
Gulab – Appellant
Versus
Union of India & Ors.(AIIMS) – Respondent
O.A.No. 536/2021 & O.A.No. 625/2018

Advocates:
For the Applicants: Mr. D.K.Nayak
For the Respondents: Mr. B.N.Nayak, Mr. A.C.Deo, Mr. A.Mishra

The Tribunal reaffirmed the necessity for reasoned orders in employment matters, especially when regularization is sought for staff involved in essential services during emergencies.

Headnote:(A) Administrative Tribunals Act, 1985 - Section 27 - Regularization of services - Applicants, who have served in various capacities, sought regularization due to non-compliance of previous orders regarding their employment status amidst the COVID-19 pandemic. The Tribunal emphasized the need for a reasoned order from the respondents based on equitable grounds, especially considering applicants’ dedicated service during a national health crisis. (Paras 4, 5, 6, 16)

(B) Principle of Natural Justice - The Tribunal highlighted that decisions affecting applicants’ rights must be reasoned and reflect due consideration of relevant facts and circumstances. (Paras 15, 16)

Facts of the case:
The applicants allege non-regularization despite being engaged during COVID-19 and direct orders from authorities to consider their cases favorably were ignored. They contended their terminations were unjust and requested the Tribunal to quash related orders. The case involved previous considerations and the necessity for justification in the decision-making process.

Findings of Court:
The Tribunal quashed the order rejecting applicants' claims and directed the authorities to issue a reasoned decision within 30 days, citing non-compliance with procedural fairness and discrimination against similar cases.

Issues: Whether the prior orders for regularization of service were duly executed and if the rejection of applicants' claims was supported by sufficient reasoning.

Ratio Decidendi: The court found that due regard to the contributions of medical personnel during the pandemic is paramount, and reasoned orders are a necessity for decisions affecting employment rights. The Tribunal called for effective evaluation and consideration of the applicants as per established criteria.

Result: Both MA Nos. 549 & 548 of 2024 stand disposed of.

Table of Content
1. applicants allege non-regularization despite service during covid-19. (Para 2 , 3 , 4 , 5 , 6)
2. counsel argue against the rejection of regularization. (Para 7 , 8)
3. tribunal notes compliance issues with prior orders. (Para 9 , 10 , 11 , 13 , 14)
4. reasoned orders are necessary in service matters. (Para 15)
5. directives issued for resolving the applicants' grievances. (Para 17 , 18)

ORDER

PRAMOD KUMAR DAS, MEMBER (A):

Since the grievance of both the applicants in both the MA Nos. 00549 & 548 of 2024 is out of the common order dated 08.09.2023 in OA Nos. 536/2021 and 625/2018, for the sake of clarity and convenience, both the MAs though heard one after the other, the same are dealt into in this common order, which will govern in both the MAs.

2. Out of the seven applicants, Sri Gulab who was applicant No.3 in OA No. 536/2021 disposed of on 08.09.2023, filed Misc. Application No. 549/2024 on 09.09.2024 seeking execution of the order dated 08.09.2023 by invoking the authority conferred on the Tribunal under Section 27 of the AT Act, 1985 so also the MA No. 548/2024 filed by Applicant (Smt. M.Prusty) out of the same order dated 08.09.2023 in OA No. 625/2018, for better understanding, a few facts, absolutely necessary for aMdAju dNicoa.t 5io4n9 o/f 2th0e2 m4a tter are summarized infra.

3. The applicant, along with others, earlier had approached this Bench in OA No. 570/2018 praying for regularization in AIIMS, Bhubaneswar, inter alia, stating that vide letter dated 04.04.2013, the Ministry of Health & Family Welfare sanctioned 1145 posts in various categories, out of which 600 posts were of Staff Nurse Gr. II (Sister Grade-II) to meet the functional requirements of the AIIMS, Bhubaneswar. Thereafter, vide letter dated 06.08.2013, the Ministry of Health & Family Welfare, Government of India, directed for filling up of additional posts of 2936, which includes 726 posts of Staff Nurse Grade-II (Sister Grade-II). The AIIMS, BBSR issued advertisement dated 13.07.2013 & 23.11.2013 inviting applications for filling of the posts of Staff Nurse Grade II on direct recruitment basis; which were subsequently, on administrative reasons, cancelled. Thereafter, open notification was issued on 30.10.2014 (A/7) and 15.06.2016 (A/10) by AIIMS, BBSR inviting application for filling up of the posts of Staff Nurse Gr.II on contractual basis for eleven months. The AIIMS, BBSR/Committee constituted for the purpose conducted the written tests, personal interview of the candidates applied for the posts in question and whoever come out successful, including the applicant, after making necessary verification of documents and antecedents etc. they were appointed as Staff Nurse Gr. II on contractual basis, with terms and conditions stipulated in their offer of appointment. Accordingly, present applicant along with other selected candidates, joined the AIIMS, BBSR as Staff Nurse Gr. II and their appointments were extended from time to time with the approval of the competent authority. The AIIMS, BBSR issued advertisement dated 05.05.2017 & 02.11.2017 for recruitment of Nursing Staff (127 posts of Staff Nurse Gr.I and 800 posts of Staff Nurse Gr. II) on direct recruitment basis.

4. Being aggrieved by such advertisement without considering their cases for regular appointment, when all of them were recruitment in pursuance of open advertisement that too after undergoing all the rigorous process of selection and have gained experience. The said OA No. 570/2018 was disposed of in a common order wdea taerde 1o9f .0th5e.2 0v2ie1w wthitaht onbusrseervsa thieolnp iann dth ed isrpeceteiodny rtehcaot ve“ry of patients and are a vital resource for hospitals in as much as they are the only resources available 24/7 for catering to patients needs. They are directly involved in all aspects of hospital service quality, be it in the form of monitoring patients recovery beside medication management or assistance with surgeries and other major operations. In some

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2025 Supreme(Online)(CAT) 13416

CENTRAL ADMINISTRATIVE TRIBUNALSHRI SUDHI RANJAN MISHRA, M, SHRMI P. ARA NMOOD K, MGulab – AppellantVersusUnion of India & Ors.(AIIMS) – RespondentO.A.No. 536/2021 & O.A.No. 625/2018

The Tribunal reaffirmed the necessity for reasoned orders in employment matters, especially when regularization is sought for staff involved in essential services during emergencies.

CENTRAL ADMINISTRATIVE TRIBUNAL
SHRI SUDHI RANJAN MISHRA, M, SHRMI P. ARA NMOOD K, M
Gulab – Appellant
Versus
Union of India & Ors.(AIIMS) – Respondent
O.A.No. 536/2021 & O.A.No. 625/2018