Allowed

C.Rani and Ors. v. Union of India and Ors.

Calcutta HC20 Dec 2023WP.CT/9/2023

Case brief

AI extract

What is this about?

This writ petition challenged the continued contractual recruitment of Medical Officers in the Andaman and Nicobar Islands administration. The Court held that contractors have an interest in regular recruitment approval and directed the Government to consider and decide on the draft rules by 31 March 2024.

What did the court decide?

Directed respondent nos. 1 and 2 to consider the draft recruitment rules and take a decision by 31st March, 2024.

C.Rani and Ors. Vs Union of India and Ors. — Service and Employment | Calcutta HC (2023)

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IN THE HIGH COURT AT CALCUTTA

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[ CIRCUIT BENCH AT PORT BLAIR

WP.CT/9/2023

C. Rani and others

Vs.

Union of India and others

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Mr.Gopala Binnu Kumar … for the petitioners Mr. Shatadru Chakraborty Mr. Dibesh Dwivedi … for the Administration

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December 20, 2023 [SR] Item No.1

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The petitioners are aggrieved by part of the judgment and order dated 12^th January, 2023 made by the Central Administrative Tribunal in an original application.

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The matter relates to contractual appointment of Medical Officers (Homeopathy) and Homeo Physicians of the Administration.

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On 6^th July, 2022 the Ministry of Ayush, Government of India wrote to the Secretary (Health) of this Administration that approval of the draft recruitment rules for amendment of A & N Ayush Health Services Rules, 2019 may be taken up by the Administration directly with the UPSC.

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No decision has been taken by the respondent nos.1 and 2 on the issue.

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The Administration has continued to engage officers and physicians on contract basis.

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Those already working on contract basis were aggrieved by an alleged policy decision of the administration to recruit on contractual basis officers and physicians other than those who had already been engaged on those terms.

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They filed the original application before the tribunal (OA/351/00597/2022) together with connected applications to extend their term and not to replace them by other contractual employees. They also sought a direction from the tribunal upon UPSC to approve the draft recruitment rules.

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The first prayer was allowed but the tribunal did not make any ruling on the second prayer.

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Hence this writ.

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It appeared in the list of this bench on 17^th July, 2023, and thereafter on 24^th July, 2023. Directions for filing affidavits were made. It appears from the order sheet that only the Administration was represented and not the Union of India.

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When it appeared in our list on 12^th December, 2023, we directed advocate-on-record for the petitioners to serve a notice on the Union of India.

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He has filed an affidavit of service which is on record. Even today only the Administration is represented.

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We think that the prayer of the petitioners is justified. There is nothing on record to suggest that the draft recruitment rules for amendment of the A & N Ayush Health

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Service Rules, 2019 have been revoked or kept in abeyance by the respondent nos.1 and 2.

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It is a settled principle that contractual appointments can only continue till the regular recruitment or selection process is completed.

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The writ petitioners who are already working on a contract basis with the Administration have an interest in the approval of the said rules as they expect to get some benefits, if the same are approved and promulgated.

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This Court cannot issue a mandamus directing the government to promulgate the said draft rules but can direct consideration of the said draft recruitment rules by the Government and thereafter to take a decision thereon within a stipulated time.

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We accordingly direct the respondent nos.1 and 2 to consider the said draft recruitment rules amending the A & N Ayush Health Service Rules, 2019 and take a decision in the matter by 31^st March, 2024. The Administration shall continue to follow up the matter with the Central Government.

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This writ application is accordingly disposed of.

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( I.P.Mukerji, J.)

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( Shampa Dutt (Paul), J. )

C.Rani and Ors. v. Union of India and Ors.

Case brief

What is this about?

What did the court decide?

C.Rani and Ors. v. Union of India and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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