SONIA GANDHI Vs. GOVT. OF NCT OF DELHI

JUDGEMENT

(1.) The record of this court would reveal that in the last 3 years it has decided at least 75 writ petitions concerning employees working under the Government of NCT of Delhi, the erstwhile Municipal Corporation of Delhi and now the three trifurcated Corporations as also the New Delhi Municipal Council on contract basis. The number of employees who were either writ petitioners or were respondents, depending upon whether their claims were disallowed or allowed by the Tribunal exceed the figure of 2000. These contract appointed employees were working in different departments and against various posts such as Craft Instructors teaching in ITIs; Para-medics of various categories such as Nursing Attendant, Laboratory Attendants, Laboratory Technicians, Radiographers etc. and Junior Doctors. The issue pertained to entitlement for wages and other benefits. Whereas in some decisions the view taken by the Tribunal was that being appointed pursuant to a contract the contractual employees were bound by the letter offering wages as per the offer of appointment which was accepted and the view taken in some decisions by the Tribunal was that these employees appointed on contract would be entitled to full wages and other benefits as were extended to regular employees. For the latter view, the reasoning of the Tribunal was that a fraud was being played by resorting to contract appointment pending regular appointments and the contractual employment was extended from year to year and lasted for more than a decade.

(2.) The consistent view taken by this Court was that the contract appointed employees could not be equated with regular employees. Depending upon the pleadings and the office orders which were shown, different Division Benches directed emoluments to be paid and benefits extended; and we highlight that no decision passed by any Division Bench conflicts with another. Depending upon what orders passed by the Departments were shown to the Court, appropriate directions were issued.

(3.) The writ petitioners herein are para-medics working as Nursing Attendants, O.T.Technicians, Laboratory Assistants, E.C.G.Technicians and Junior Radiographer in different hospitals established by the Government of NCT of Delhi. All of them render services as contractual employees and have continued to serve in said capacity for over a decade and a half.