WP(C)No.278/2013 Page 1 of 3

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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W.P.(C) 278/2013

ALL INDIA INSTITUTE OF MEDICAL SCIENCES ..... Petitioner

Represented by:

Mr.Mukul Gupta, Sr. Advocate

instructed by Mr.Sudhir Kathpalia

& Mr.Vibhor Garg, Advocates

versus

SHOBHA KANDPAL

..... Respondent

Represented by:

Mr.Vinay Kumar Garg with

Mr. Imran Ahmad & Mr.Amit

Srivastava, Advocates

CORAM:

HON'BLE MR. JUSTICE PRADEEP NANDRAJOG

HON'BLE MS. JUSTICE VEENA BIRBAL

PRADEEP NANDRAJOG, J. (ORAL)

CM No.570/2013

Allowed, subject to just exceptions.

W.P.(C) 278/2013

1.

Let us first note the admitted facts.

2.

In the year 1992, the Supreme Court had required All India Institute of

Medical Sciences to frame a one-time policy to regularize the services of

those who had worked on research projects on contract, ad-hoc or temporary

basis up to 15 years.

3.

Based thereon, All India Institute of Medical Sciences filled up posts

of Information Officer, Programmer, Research Officers, Social Workers,

Research Assistants, Senior Research Fellows and Research Associates.

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WP(C)No.278/2013 Page 2 of 3

4.

One would have expected that All India Institute of Medical Sciences

would not follow the practice hithertofore followed i.e. employing people for

long durations in research projects against temporary posts or contractual

posts.

5.

The respondent was employed on temporary basis in a research project

in the year 1994 and continues to work with All India Institute of Medical

Sciences even today. The post to which the respondent has been appointed is

that of Medical Social Service Officer Grade-II.

6.

Vide impugned decision taken by the Tribunal on September 3, 2012

directions have been issued to regularize respondent’s service.

7.

Learned counsel for All India Institute of Medical Sciences may have a

valid point to urge that since All India Institute of Medical Sciences is a

premiere research institution, it receives specific grants from different

organizations; such as World Health Organisation, Indian Council of Medical

Research, etc. for specific projects. The duration of these projects varies

from 3 years to 5 years. Research Associates and other staff is required for

the projects and this necessitates additional hands to be taken. Learned

counsel states that it so happens that when a particular project gets over, All

India Institute of Medical Sciences receives grants for another project and so

on. Counsel says that it further so happens that the existing persons are

found fit to perform duties relating to the new projects, and are retained.

8.

Old is gold. A trusted hand is retained on project basis, from project to

project; and this explains project related employees taken either on ad-hoc or

temporary basis continuing to work for years together.

9.

Notwithstanding the argument being very attractive we find that in

April, 2011 All India Institute of Medical Sciences had advertised inviting

applications to fill up 9 vacant posts of Medical Social Service Officers

Grade-II and the record would reveal that as on today only 8 persons have

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WP(C)No.278/2013 Page 3 of 3

joined by responding to the letter offering appointment. For reasons only

known to 9^th candidate, to whom letter of appointment was issued, the

candidate has not joined. Thus, admittedly as of today one post of Medical

Social Service Officer Grade-II exists as a permanent vacancy with All India

Institute of Medical Sciences.

10.

As per law declared by the Supreme Court in the decision reported as

the 2006(4) SC