PURAN CHANDRA TIWARI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The petitioners in this case are about 102 class III and Class IV employees of Government Medical College, Rampur Road, Haldwani, earlier run by Uttarakhand Forest Hospital Trust, which is also known as Dr. Susheela Tiwari Memorial Medical College and Hospital, Haldwani and they have sought the following reliefs:-

(2.) In the year 1989, the Uttarakhand Forest Hospital Trust was created by the erstwhile State of Uttar Pradesh. The fund of the Trust was provided by the Government of Uttar Pradesh. After creation of the State of Uttarakhand in the year 2000, necessity of the medical college was felt by the State Government. Ultimately, due to the efforts made by the State Government, Medical Council of India granted permission to the Uttarakhand Forest Hospital Trust to establish a medical college at Haldwani, thus, Dr. Sushila Tiwari Memorial Forest Hospital, Haldwani, became a teaching hospital of medical college and became functional from the academic session 2004-05. The Secretary of the Trust was the appointing authority in respect of posts below the pay scale of Rs.8000.0013500 per month. These petitioners have participated in the selection process held in the year 2006 and were given contractual appointment for one year on 3/10/2009. However, they have been working uninterruptedly since then. The contract has been extended from year to year but no fresh appointment letter was issued to them.

(3.) On 4/2/2010, the Board of Trustees of the Trust passed a resolution to the effect that the State Government should take all the assets and the liabilities of the Trust and the post created by the Trust would be merged in the Medical Education Department of the State Government. It was further decided that the State Government shall accept all contractual employees (teaching and non-teaching) in the same capacity. This was a condition of transfer of the medical college from the Trust to the State Government. Respondent No. 1 agreed to accept all the conditions of the transfer as specified in the minutes of the aforesaid meeting dtd. 4/2/2010. Ultimately, on 30/4/2010, respondent No. 1 issued a notification whereby Haldwani Medical College was taken over from the Trust with all assets and liabilities on 'as is where is' basis. The Secretary of the Trust referred the question of regularization of the petitioners to the State Government. In between 6/5/2010 and 11/12/2010, the Principal of the Medical College recommended that the case of the petitioners for regularization should be taken up. Subsequently, the petitioners were regularized in the month of December 2016. The dispute at present is for the period between 30/4/2010 till the absorption of the petitioners as regular employees of the medical college and hospital.