MADHU SHARMA Vs. GNCTD OF DELHI

JUDGEMENT

(1.) This writ petition is filed by the 7 petitioners who are working as Auxiliary Nurses and Mid Wifes (ANMs) under the Government of NCT of Delhi, Directorate of Family Welfare through the Delhi State Health Society. Petitioners were originally appointed by Standing Committee on Voluntary Action (SCOVA) of the Directorate of Family Welfare.

(2.) Learned counsel for the petitioners urges that since the work of the petitioners is perennial in nature, these petitioners have constitutional rights which flow from Articles 14, 16, 19 and 21 of the Constitution of India so that they should not be given artificial breaks in service. Reliance is placed upon the judgment of the Supreme Court in the case of Md. Abdul Kadir & Anr. Vs. Director General of Police, Assam & Ors., 2009 6 SCC 611 which provides that in case of an employment for a project, the employee must not be given artificial breaks till the time the project is completed and such employees have to be considered to be in continuous service for the period of the projects. Head Note B of the said judgment is relied upon and which refers to paras 16 to 18 and 26 of the judgment.

(3.) The issue in the present case is settled by the Constitution Bench judgment of the Supreme Court in the case of Secretary State of Karnataka Vs. Umadevi & Ors., 2006 4 SCC 1 which holds that there cannot be regularization of persons unless there are sanctioned posts, there are vacancies in the sanctioned post, the persons who have been employed are qualified as per the recruitment rules and appointment is through a regular recruitment process on insertion of advertisement in newspapers or calling for persons from the employment exchange. Following is the ratio of the Supreme Court in the case of Umadevi .