VIKAS SHARMA Vs. GOVT OF NCT OF DELHI

JUDGEMENT

(1.) All these petitions involve the same question of law, which is to be decided in identical factual background.

(2.) The petitioners in all these writ petitions are working as nursing orderlies for a number of years. They were, however, appointed on ad hoc basis in the hospitals under the Government of National Capital Territory of Delhi and are continuing in that capacity since then. They want a declaration of their status of regular employees on the plea that they underwent the proper selection process before they were appointed. The Tribunal vide the impugned orders passed in different applications filed by the petitioners under Section. 19 of the Administrative Tribunal Act, have not found favour with their plea. The applications were, however, disposed off with the directions that whenever the next advertisement is issued for making selection on regular basis, these petitioners shall be considered for the post of nursing orderlies in accordance with law. These orders are challenged in these writ petitions. Because of the commonality of the subject matters, all these writ petitions were heard together which are being disposed of by this common judgment.

(3.) Writ Petition (C) 9524-38/2004 was treated as lead matter, therefore, to appreciate controversy, it would be apposite to scan through the facts appearing in that writ petition. In this writ petition, the impugned order of the Tribunal is dated 17.3.2004 whereby four OA's came to be decided by one common judgment rendered by the Tribunal. The petitioners are working as nursing orderlies since 1999. These petitioners approached the Tribunal in the year 2001 by means of OA No. 1251/2001 claiming regularisation. Vide orders dated 17.5.2001, a Single Bench of the Tribunal disposed of the said OA at the threshold itself, inter alia, observing that before approaching the Tribunal they had not made any representation to the respondents. In any case, they could not make out a convincing case for appointment on regular basis. The Tribunal also observed that they would be entitled to be considered for appointment on daily wage basis in future also, if the respondent decides to appoint nursing orderlies on daily basis in preference to freshers and juniors of the applicants. Thus, the claim of the petitioners for regular appointment was not accepted, but direction was given to the respondents to re-engage the petitioners as nursing orderlies on daily wage basis in preference over their juniors, freshers and outsiders.