Government orders creating posts for contract employees must align with principles of fairness and estoppel, obligating authorities to honor their commitments.

JUDGMENT

A.K.Jayasankaran Nambiar, J.

As both these OP(KAT)'s preferred by the State impugn the common order dated 31.01.2022 in O.A.No.743 of 2020 and O.A.No.886 of 2019 respectively, they are taken up for consideration together and disposed by this common judgment.

2. The brief facts necessary for the disposal of these OP(KAT)'s are as follows:

The applicants before the Tribunal were Junior Residents/Staff Nurses appointed on contract basis in the erstwhile Ernakulam Medical College under the management of the Co-operative Academy of Professional Education (CAPE). The said establishment was taken over by the Government with effect from 17.12.2013 (Annexure -A2). It is not in dispute that at the time of takeover of the establishment by the Government, the applicants before the Tribunal were working on contract basis in the establishment, and thereafter, at the time of approaching the Tribunal, the applicants continued to be engaged on contract basis by the establishment which subsequently came to be known as the Government Medical College, Ernakulam. The applicants were essentially aggrieved by the order dated 05.04.2017 (Annexure A- 16), rejecting the representations preferred by them seeking absorption into regular service in the establishment, against the 315 posts that were created by the Government through the Government Order dated 24.03.2016 (Annexure A-9). It was their contention before the Tribunal that the chronology of events that led to the takeover of the college by the Government, and the subsequent creation of posts to accommodate contract appointees through the Government Order dated 24.03.2016, clearly indicated that the creation of posts was for the specific purpose of absorbing those who were under contract appointment with the establishment at the time of creation of the posts. It was, therefore, their case that the rejection of their representation by the Government was illegal and liable to be set aside.

3. The Tribunal, which went into the matter found, after examining the background of the takeover of the institution by the Government, conferment of the status of “stand alone” specifically for the purposes of effecting integration of the existing employees, subsequent creation of necessary posts for integration of the existing contractual/daily wage employees, integration of similarly situated incumbents, legitimate expectation of the applicants for being absorbed into the Government service, and the estoppel that would result against the Government if they reneged from the promise of integration, that the claim of the applicants before the Tribunal had to succeed. The Tribunal, therefore, allowed the O.A's and directed the Government to absorb the applicants in Government service in the Department of Medical Education at the Government Medical College, Ernakulam subject to their eligibility based on the qualification which each of them had as on the date of takeover of the Medical college by the Government, namely, 07.12.2013. The Government was also directed to issue appointment orders to the applicants against the respective posts with effect from 04.03.2016, which was the date of the Government Order that created the 315 posts for accommodating the contract appointees.

4. Before us, it is the contention of Sri.Antony Mukkath, the learned Senior Government Pleader, appearing on behalf of the petitioners that the Tribunal erred in directing an absorption of the applicants based on Annexure-A9 order of the Government read with Annexure -A17 earlier order of the Tribunal. With specific reference to Annexure-A9 order of the Government, it is his contention that the Government Order did not contemplate any absorption of persons such as the applicants before the Tribunal, and the said order merely contemplated the creation of posts for the smooth running of the college. It is his further contention that the creation of posts is at the discretion of the Government, and it is also within the discretion of the Gov