SARLA GUPTA Vs. GNCT OF DELHI

JUDGEMENT

(1.) THESE OAs have been filed by General Duty Medical Officers (GDMO) who came on deputation to Govt. of NCT of Delhi (GNCTD) at different points in time and made a request for absorption in the Delhi Health Service (DHS) cadre. The respondent No. 1 after initially taking a decision to consider their request favourably, referred the matter to respondent No. 3, UPSC for advice. The respondent No. 3 has advised that the relaxation of the relevant rules cannot be resorted to accommodate the requests of the applicants as the DHS Rules do not have provision for absorption of Medical Officers in GNCTD. The applicants, apprehending that the respondent No. 1 may issue formal orders of repatriation, have filed these OAs.

(2.) SINCE the facts of these cases are quite similar and the points of law involved are the same, we had heard these OAs together and these will be disposed of through this common order.

(3.) THE applicant in this case joined Haryana Civil Medical Services as a GDMO on 06.04.1996 and came on deputation to Delhi Govt. with effect from 29.11.2004. Earlier also, she had remained on deputation in Delhi Govt. from April 1999 to March 2004. She had applied for this deputation in response to a circular issued by respondent No. 1 inviting applications from Doctors from all the States for appointment on deputation basis.