IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

220+235 Date of decision:29^th October 2025 (1) CWP No.8662-2024 (O&M)

Employees State Insurance Corporation and others ..Petitioners Versus Anil and another ..Respondents (2) CWP No.12327-2024 (O&M)

Employees State Insurance Corporation and others ..Petitioners Versus Poornima and another ..Respondents (3) CWP No.12533-2024 (O&M)

Employees State Insurance Corporation and others ..Petitioners Versus Pushpa and another ..Respondents (4) CWP No.12537-2024 (O&M)

Employees State Insurance Corporation and others ..Petitioners Versus Fateh Alam and another ..Respondents (5) CWP No.12704-2024 (O&M)

Employees State Insurance Corporation and others ..Petitioners Versus Manikant Kumar and another ..Respondents CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI HON'BLE MR. JUSTICE VIKAS SURI Present: Mr. Jaskirat Singh, Advocate for Mr. K. K. Thakur, Advocate, Senior Advocate counsel, for the petitioners.

Mr. Ram Bilas Gupta, Advocate for respondent No.1(in CWP-12704 of 2024)

Mr. Rishav Sharma, Advocate for respondent No.1 (through VC in CWP-12327-2024).

Ms. Archana Yadav, Advocate, (through VC)

Mr. Abhinav Sood, Advocate and Mr. Akshay Sharma, Advocate for respondent No.1.

( in CWP-12533 of 2024).

Ms. Sweta Chahal, Advocate for Mr. Sanjeev Sharma, Advocate for respondent (in CWP-12537-2024)

H ARSIMRAN SINGH SETHI , J(Oral)

1. In the present bunch of petitions, the challenge is to the order dated 27.09.2023 (Annexure P-5) passed by the Central Administrative Tribunal, Chandigarh Bench, by which the order dated 03.08.2021 passed by the petitioner terminating the services of the respondent employee herein on the ground that they do not fulfill the requisite of the advertisement as they did not have the valid ‘experience certificate’ from a Government approved/registered Nursing Home/Hospital, have been set aside.

2. Certain facts may be mentioned for the correct appreciation of the issue:

In the year 2015, the petitioner invited candidates for filling up the vacancies of the ‘Nursing Orderly’. To be eligible for selection to the said post, a candidate should be in possession of matriculate certificate showing him/her to have completed said course, or equivalent from a recognized Board and should also have elementary knowledge of 1^st Aid along with one year of experience in handling and dressing wounds in Government approved/registered Nursing Home/Hospital. The said qualifications were prescribed in the advertisement so as to be eligible for selection to the post in question to be in consonance with the Employees State Insurance Corporation (Nursing Cadres/Posts, Recruitment Regulations, 2010.

3. The respondents competed for the said selection to the said post and they were declared as successful in clearing the written examination and thereafter upon scrutiny of the documents which were found in order, they were selected and appointed as ‘Nursing Orderly’ vide order dated

14.03.2017.

4. Thereafter, it came to the notice of the petitioner that certain candidates whose recruitment has already been done, some of those candidates do not fulfill all the requisites as advertised, which was also the part of the rules governing the service qua the post of ‘Nursing Orderly’. It came to the knowledge of the petitioner that some of the candidates though had a experience certificate showing that these candidates have the one year of experience but they did not have one year of experience in a registered Nursing Home/Hospital, which has approval by the Government, which was essentially the requisite in the advertisement as well as 2010 Regulation.

5. Keeping in view the said, a data was procured so as to ascertain as to which candidate lacks the eligibility for selection to said post and show cause notices were issued to such selected candidate as to why their services should not be terminated as they do not fulfill the requisite of the advertisement which is in consonance of the 2010 statutory rules.

6. After getting t