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Analysing the retrieved Case Laws
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This break is also linked to the scheme's operational and funding cycles, with no guarantee of employment continuity beyond each contractual term ["STATE OF HARYANA AND ANOTHER Vs JASWANT RAM AND ANOTHER - Punjab and Haryana"].
Analysis and Conclusion:
References:- ["STATE OF HARYANA AND ANOTHER Vs JASWANT RAM AND ANOTHER - Punjab and Haryana"]- ["PREETHI N. PILLAI Vs NATIONAL HEALTH MISSION - Kerala"]- ["ARYA JOY vs NATIONAL HEALTH MISSION - Kerala"]- ["ANOOP P PAULOSE vs STATE MISSION DIRECTOR - Kerala"]- ["DR.ALPHONSA P.P. vs UNION OF INDIA - Kerala"]
In the realm of contractual employment under government schemes like the National Health Mission (NHM), employees often face uncertainties about service continuity. A common concern arises when there's a short interruption, such as a one-day break. Does this one day break compulsion by NHM scheme automatically sever employment continuity, disqualifying workers from benefits like seniority, promotions, or protections under labour laws? This blog post delves into Indian jurisprudence to provide clarity, drawing from key court rulings and legal precedents.
While this analysis offers general insights, it is not legal advice. Consult a qualified lawyer for personalized guidance.
The National Health Mission (NHM) is a flagship program aimed at improving healthcare access, engaging staff on contractual or temporary basis. Contracts are often renewed yearly, sometimes with a nominal one-day break between terms. For instance, petitioners in one case were appointed in 2010-2012 with contracts extended year after year, with a days break in between, after an appraisal of their performance on a yearly basis AMAL V S vs CHIEF EXECUTIVE OFFICER - 2016 Supreme(Online)(KER) 21234.
Such breaks are administrative, tied to fiscal years or scheme approvals. If the next year's Programme Implementation Plan (PIP) is approved by NHM, New Delhi, funds flow, allowing continuity STATE OF HARYANA AND ANOTHER Vs JASWANT RAM AND ANOTHER. However, scheme closures or transitions, like from Revised National Tuberculosis scheme to National Tuberculosis Elimination Program, can raise questions about ongoing service SATHEESAN K.P vs STATE OF KERALA - 2025 Supreme(Online)(Ker) 27649.
The question at hand is straightforward: Does a one-day break—due to unauthorized absence, leave, or scheme renewal—compel a discontinuity in service under NHM? The answer, based on legal documents, is generally no. Short or incidental breaks, including a single day, typically do not constitute a break in service if overall employment continuity is maintained Baby Devananda D (Minor) Thr her Mother Deepa S VS Employees State Insurance Corporation - 2019 0 Supreme(Del) 1587.
Courts emphasize intent and duration over rigid technicalities. Mere unauthorized absence of brief duration does not sever continuity unless it reflects abandonment or intent to terminate Jeewanlal (1929) LTD. , Calcutta. VS Its Workmen - 1961 0 Supreme(SC) 153.
Legal precedents establish that a one-day break does not automatically disqualify employees from benefits or continuity. The Supreme Court in M/s. Jeewanlal (1929) Ltd. held that even an unauthorized absence of 8½ months did not amount to a break, absent intent to abandon Jeewanlal (1929) LTD. , Calcutta. VS Its Workmen - 1961 0 Supreme(SC) 153. Minor interruptions favor continuity, especially in scheme-based roles.
In NHM contexts, termination due to scheme closure does not imply a break if service was otherwise continuous and employment was temporary Gurbachan Lal VS Regional Engineering College, Kurushetra - 2007 2 Supreme 745. Brief absences, even during strikes, are insufficient unless prolonged AYURVEDIC DOCTORS ASSOCIATION VS STATE OF ASSAM - 2022 0 Supreme(Gau) 191.
Continuous service is interpreted flexibly. The Supreme Court clarified that participation in illegal strikes or long absences might disrupt, but short ones do not Jeewanlal (1929) LTD. , Calcutta. VS Its Workmen - 1961 0 Supreme(SC) 153. In NHM, contracts often include one-day breaks for renewals, not treated as discontinuities AMAL V S vs CHIEF EXECUTIVE OFFICER - 2016 Supreme(Online)(KER) 21234.
When schemes wind up, like tuberculosis programs, employees can't always claim perpetual rights, but prior service counts if continuous SATHEESAN K.P vs STATE OF KERALA - 2025 Supreme(Online)(Ker) 27649. Funds approval for the next FY enables seamless transitions STATE OF HARYANA AND ANOTHER Vs JASWANT RAM AND ANOTHER.
A single-day strike or absence is leniently viewed. Extended ones may qualify as breaks, but not brief ones AYURVEDIC DOCTORS ASSOCIATION VS STATE OF ASSAM - 2022 0 Supreme(Gau) 191. Courts distinguish absence from abandonment.
Premature termination must follow contract procedures. In one ruling, nurses' contracts until 31.03.2017 couldn't be cut short without compliance AMAL V S vs CHIEF EXECUTIVE OFFICER - 2016 Supreme(Online)(KER) 21234.
Under ID Act Section 25F, workmen with 240+ days service get retrenchment protections. A one-day break by employer is artificial: A break of one day given by employer after 89 days is treated by the courts as 'artificial break' Nagar Palika Nigam VS Arun Sharma - 2015 Supreme(MP) 568. This applies analogously to NHM contractual staff.
For NHM workers, a one-day break—common in renewals—rarely disrupts continuity. Document absences and renewals to prove intent to continue. In post-graduate eligibility cases, courts upheld selections where service met requirements despite minor gaps, emphasizing equity Samarjit Chakraborty Son Of Sudhangshu Chakraborty vs State Of Assam - 2025 Supreme(Gau) 101.
Administrative transfers or scheme shifts don't break service if overall record supports continuity Desh Raj Yadav S/o Chhaju Ram Yadav VS State Of Rajasthan - 2023 0 Supreme(Raj) 1351. Brief breaks don't forfeit vested interests, though scheme-dependent roles lack statutory tenure Gurbachan Lal VS Regional Engineering College, Kurushetra - 2007 2 Supreme 745.
While short breaks are safe, exceptions exist:
In summary, a one-day break under NHM scheme generally does not compel service discontinuity unless evidencing abandonment. Indian courts prioritize substance over form, protecting workers from artificial technicalities Baby Devananda D (Minor) Thr her Mother Deepa S VS Employees State Insurance Corporation - 2019 0 Supreme(Del) 1587Jeewanlal (1929) LTD. , Calcutta. VS Its Workmen - 1961 0 Supreme(SC) 153.
Key Takeaways:- Short breaks maintain continuity.- Document everything.- Scheme renewals with nominal gaps are standard and protected.- Seek professional advice for specific cases.
Stay informed on labour rights to safeguard your career in NHM or similar schemes.
#NHMScheme, #ServiceContinuity, #LabourLawIndia
If for the next FY the PIP submitted by the State NHM is approved by NHM, New Delhi through the RoP for the next year, adequate funds are provided by the Central and State Governments to implement the scheme in which the employee is engaged on contract, if the scheme is implemented in priority by NHM ... The NHM only engages staff on deputation from the Central/State Governments or Organizations under such Governments or engages employees on contract for a maximum period of ....
The NHM only engages staff on deputation from the Central/State Governments or Organizations under such Governments or engages employees on contract for a maximum period of one year which is on the 31st day of March every year. ... If for the next FY the PIP submitted by the State NHM is approved by NHM, New Delhi through the RoP for the next year, adequate funds are provided by the Central and State Governments to implement the scheme in which the employee is engaged on contract, if ....
The NHM only engages staff on deputation from the Central/State Governments or Organizations under such Governments or engages employees on contract for a maximum period of one year which is on the 31st day of March every year. ... If for the next FY the PIP submitted by the State NHM is approved by NHM, New Delhi through the RoP for the next year, adequate funds are provided by the Central and State Governments to implement the scheme in which the employee is engaged on contract, if ....
break day between the contracts. ... of her delivery, the actual day of her delivery and any period immediately following that day. ... A true copy of the contract entered into between the petitioner and the NHM, Kottayam dated 2.6.21 is produced herewith and marked EXHIBIT R-3(a).” ... (4) The period referred to in sub-section (3) shall be (a) the period of one month immediately preceding the period of six weeks, before the date of her expected delivery; p class="para" left_margin ......
The petitioner will attain the age of 60 on 31.07.2023; therefore, his service will end on that day. The Governing Body of NHM decided that the maximum age of engagement for employees of NHM in its meeting held on 23.12.2016 and the decision is produced as Ext.R2(b). ... The contract offered by NHM expires on the 31 st day of March of the financial year, for which the contract was entered into or if it is terminated earlier under the terms of the contract or under the Rules and Regulations of the #HL_ST....
While re-engaging the petitioner at District Health and Urban Co-ordinator, there has been a break on the first day of April of every year on which date the NHM, Kerala does not engage any contractual employee and it is not a continuation of the earlier engagement. ... The petitioner entered into a contract of engagement as DUHC for the period from 12.06.2015 to 31.03.2016 with the DPM of the NHM, Thrissur. His engagement on contract basis was extended year to year with break. The engagement was to expi....
THE FOLLOWING: JUDGMENT Dated this the 10th day of January, 2025 The petitioner was appointed in the National Health Rural Mission, in the scheme of the Revised National Tuberculosis ... The said scheme was wound up and new scheme National Tuberculosis Elimination Program has been ruled out to eliminate T.B from the country. ... Where the earlier scheme under which the petitioner was given contractual appointment is no longer in existence, the petitioner cannot claim continuation of service in the #HL_....
The petitioners are stated to have been appointed in 2010, 2011 and 2012 and it is their case that the engagement is on contract basis, which contract was extended year after year, with a days break in between, after an appraisal of their performance on a yearly basis. ... (C).No.20520 of 2016 actually rendered service under the National Health Mission, prior to the orders terminating their services, they should also be paid the salary due to them, within a period of one month from the date of receipt of a copy of this judgment. ... Unlike the engagement o....
It appears that she has taken a stand that though she had completed one year of her compulsory rural posting on 14.03.2020, yet, before completion of one year, pursuant to notice dated 11.02.2020, issued by the NHM, she had filed an application for continuation of her service under NHM and her ... Model Hospital, Dholai, under Katlicherra BPHC, Hailakandi, under NHM w.e.f. 15.03.2019 to 14.03.2020 and when she was posted as such, prior to completion of one year compulsory rural post....
Department And Mission Director, Nhm (National Health Mission) Directorate, Medical Health And Family Welfare Department, Nhm Head Quarter, Swasthya Bhawan, Tilak Marg, C-Scheme, Jaipur. ... The Special Secretary And Mission Director, National Health Scheme (Nhm), Swasthya Bhawan, Tilak Marg, C- Scheme, Jaipur. 4. Registrar, Rajasthan Nursing Council, Jaipur. ... The Director Medical Health And Family Welfare Department, Nhm Headquarter, Swa....
The view of the Bombay High Court that consent once given should not be permitted to be withdrawn, is absolutely the right view. Otherwise, a person may give consent one day, withdraw it the second day and review the consent the third day, leaving the Scheme in a perpetual state of flux. For the aforesaid reasons, we agree with the Bombay High Court that there should be no inter se bidding between the builders. The proper course is that the scheme of the developer who is the first choice, should be placed before the slum dwellers and if it gets 70% votes, then the Scheme ca....
That pursuant to the formation of National Horticulture Mission (NHM) in 2005-06, and NHM becoming a centrally sponsored scheme w.e.f. 01 July 2007, the changes for procedure of release was under discussion with NHB and subsidy of cold storage projects was being disbursed under the scheme through four head of accounts, viz. National Horticulture Mission, Technology Mission for hilly and tribal areas and Technology Mission for North East Region and National Horticulture Board.
It was under a scheme of National Horticulture Mission (NHM). The cost of the poly house was Rs. 35,80,000 (as stated by Shri Ravinder Singh Ahlawat, DHO, Jhajjar, who is present in person). The poly house was to be constructed on 4,000 square metres area.
Such break cannot deprive the workman from the protection under Section 25F of ID Act. A break of one day given by employer after 89 days is treated by the courts as "artificial break". 6. In my view, the point raised by Shri Chaturvedi is no more res integra. The workman was required to show that he has worked for more than 240 days preceding his termination.
each during the lunch break and tea break in test matches and one day internationals. ( 7 ) DISPUTE arose when during the India-South Africa series in 2000, Prasar bharti started super-imposing the commercial www. each during the lunch break and tea break in test matches and one day internationals. during the repeat telecast of One Day Internationals and Test Matches of DD Sports (Only one repeat ). (e) CTof600 sees. ( 6 ) THUS having agreed to exclusive air-time marketing rights of the petitioner for a minimum assured revenue of Rs. 450 crores, respondent....
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