MANJU VERMA Vs. STATE OF U.P.

JUDGEMENT

(1.) This is a bunch of writ petitions whereby petitioners, who are paramedical and non paramedical staffs appointed on contractual basis in the government medical colleges and hospitals, have challenged their discharge orders issued on different dates from October, 2020 onwards and for a mandamus commanding the opposite parties to reinstate the petitioners on the posts on which they were working.

(2.) The facts of the case are that by government order dtd. 27/10/2017, the State Government took a decision for making selection and appointments on the posts of paramedical and non paramedical staff on contractual basis for government homeopathic medical colleges and hospitals. In furtherance of the aforesaid government order, an advertisement was issued on 15/12/2017 providing that contractual appointment as paramedical and non paramedical staff is to be made for a period of one year or till availability of regularly selected candidate from the UPSSSC or attaining the age of 65 years, which ever is earlier. It also provided that in the event of rendering satisfactory services the period of one year shall be extendable. The petitioners applied and were selected and appointed on different posts in terms of the advertisements issued in August, 2018 and thereafter The appointment letters also contained the conditions as mentioned in the advertisement. On the basis of the said appointment letters petitioners joined and started serving. On 26/3/2019, a video conference meeting took place under the chairmanship of Secretary, Department of Ayush, U.P., in which Regional Ayurvedic and Unani Officers, District Homeopathic Officers and Principals of Ayurvedic and Unani and Homeopathic Medical Colleges along with the Directors of the department were present. Number of decisions about the functioning of the department were taken and noted in the minutes of the said meeting, relevant for us, Clause-21 of the same notes, that, contractual appointment shall be made only for a period of 11 months and in no circumstance contractual employees shall be paid salary of 12 months. On the basis of the said noting in the minutes of the meeting, the Director, Homeopathy, U.P., by his letter dtd. 29/3/2019 asked the officials to initiate action. Again, Director, Homeopathy issued a letter dtd. 20/6/2019 instructing all the principals of the government homeopathic medical colleges and hospitals to discharge contractual employee on expiry of their term of contract, till execution of any fresh contract. In furtherance of the same petitioners were discharged on different dates on completion of the period of one year from their respective appointments. On 6/7/2019, the Director, Homeopathy again issued a letter to the principals of all State homeopathic medical colleges and hospitals stating that the purpose for which the teaching and other staff were appointed on contract still exists, therefore, in the public interest/government functioning, even after completion of the contract period their renewal is necessary and expedient, and therefore, the contracts of teaching and other staff detailed in the annexed list should be renewed again, after creating a break of one week, for a further period of 11 months or till the regular selection is made for the said contract posts. Thus, the services of the petitioners were extended for a period of 11 months but, now after the period of 11 months petitioners are again discharged by the impugned orders by respective principals from 2019 onwards.

(3.) Learned counsels for petitioners submit that petitioners were appointed in terms of the government order dtd. 27/10/2017. The decision to remove the petitioners is contrary to the government order and could not be taken by the Secretary in a meeting of the department. He further submits that it is not in dispute that the nature and requirement of the said work is permanent, as there is no decision of the State Government to close the homeopathic medical colleges and hospitals and that the decision taken is in gross violation of the settled principal of law, that, an adhoc employee cannot be replaced by another adhoc employee. Admittedly, till date, the selection process for regular appointments is not even initiated. Emphasis is also laid by him on the fact that the government and principals of respective colleges have jointly signed duly notarized undertakings/affidavits and indemnity bond before the Central Council of Homeopathy, New Delhi, while seeking recognition for the Academic Session 2020-21 and 2021-22, specifying the existing teaching and non teaching staff of the colleges including the names of the petitioners. Thus, while seeking recognition for the Academic Session 2020-21 and 2021-22 they had given the impression that petitioners are working and they shall be maintained. He further submits that the teaching staff/doctors, similarly situated as petitioners, were also appointed in furtherance of similar government orders on similar terms and conditions and were also removed in similar manner. They filed Writ Petition No. 14731 (S/S) of 2020; ''Narendra Singh Sengar and Others Vs. State of U.P. and Others' and other writ petitions challenging their discharge. The said writ petitions were filed almost on the same grounds as the present writ petitions. The said writ petitions were allowed by this Court by its judgment and order dtd. 9/12/2020. The Court quashed the orders of discharge of the doctors in the said writ petitions and the government order dtd. 14/8/2020 which provided that their services shall not be renewed. Petitioners in the said writ petitions were further allowed to work on their respective posts in their respective colleges as per the government order dtd. 28/5/2015 and 27/10/2017. Thus, he draws strength from the said judgment also.