NEENA SHAD Vs. MCD

JUDGEMENT

(1.) Between the years 2001-2002 Municipal Corporation of Delhi (hereinafter referred to as "MCD") appointed 41 doctors as Medical Officers (Ayurveda) on contractual basis, including the petitioners who are married to each other. The relevant portion of the letters containing the terms and conditions of the appointment of said Medical Officers issued by MCD reads as under:- " ....With reference to his/her Walk-in-interview and approval of Commissioner, Municipal Corporation of Delhi, Dr.Neena Shad/Dr.Sunil Chaudhary is hereby given Offer of Appointment to the post of Ayurvedic Vaid on contract basis at a fixed amount of Rs.10,000/- per month initially for a period of six months, or till such time the post is filled up on regular basis through UPSC, whichever is earlier subject to the following terms and conditions:- 1. The post is purely on contract basis for a period of six months or till such time the post is filled up on regular basis by CED through UPSC, whichever is earlier. The appointment can terminated at any time on either side by giving one month?s notice or by paying one month?s salary without assigning any reason"

(2.) From time to time, MCD extended the term of appointment of the aforesaid Medical Officers including the petitioners. Remuneration of the said Medical Officers was also enhanced.

(3.) On 13.07.2007 a complaint was made to the Commissioner MCD by petitioner Neena Shad, who was then posted at Bihari Pur Ayurvedic dispensary, against one Shiv Dayal Kain, Compounder in the said dispensary, inter-alia alleging that she was sexually harassed by the said Compounder. In view of the complaint made by petitioner Neena Shad, Commissioner, MCD directed Dr.Ashok Garg, Chief Medical Officer to investigate into the matter and submit a report in said regard.