SAPNA CHANNA Vs. GOVT. OF NCT OF DELHI

JUDGEMENT

(1.) THE petitioners in this case are aggrieved by the common order of the Central Administrative Tribunal (CAT) dated 02.07.2014 in O.A. No.3145/2013, whereby their applications seeking direction for permanent absorption in the cadre of General Duty Medical Officers (GDMOs), denied to them by the GNCTD decision, was rejected.

(2.) BRIEFLY , the facts are that both the petitioners joined the GNCTD as deputationists and were working as GDMOs, discharging the duties of medical doctors. The petitioner in W.P.(C) 4151/2014 - Dr. Sapna Channa joined the GNCTD on 26.08.2008 in such capacity, having been recommended by the selection committee, with the approval of the Lieutenant Governor. Likewise, the petitioner in W.P.(C) 4167/2014, Dr. Sarla Gupta, was appointed as GDMO some time on 29.11.2004. At these points in time in 2004 and 2008, when the petitioners joined the GNCTD, no rules for governing the terms and conditions of such GDMOs or, for that matter, the Delhi Health Service (DHS) existed. These were subsequently framed on23.12.2009 by the Delhi Health Service (Allopathy) Rules, 2009 (hereafter referred to as "the 2009 rules"). The 2009 rules provided for inter alia the method of recruitment to the various categories and classes of posts within the Delhi Health Service (DHS). Rule 8, which dealt with filling up of different posts by deputation, including short -term contract, provided as follows:

(3.) THE Rules also contained a power of relaxation, which reads: