KAMALJEET Vs. UNION OF INDIA

JUDGEMENT

(1.) The present writ petition has been filed under Articles 226 and 227 of the Constitution of India praying for issuance of a writ in the nature of certiorari for quashing of arbitrary appointment of respondent No. 7 vide Annexure P-17 dtd. 28/4/2020 whereby, the result was declared for the post of IT Net Tech at the polyclinic at Ambala. Further prayer has been made for issuance of a writ in the nature of Mandamus directing the respondents to appoint the petitioner on the said post being more meritorious than respondent No.7.

(2.) The challenge is on the ground that the said candidate lacks the qualifications required, which is minimum of 2 years' work experience as per advertisement Annexure P-9 and also does not have the requisite diploma. The additional ground taken is that the petitioner is a contractual employee and is being replaced by another contractual employee against the policies of the respondents themselves. The respondents are stated to have introduced Ex-servicemen Contributory Health Scheme dtd. 22/3/2003 (Annexure P-2) (in short, ECHS') wherein, medical care is to be provided to ex-servicemen and their dependents through network poly clinics and service medical facilities across the country. The appointment under ECHS was to be on contractual basis.

(3.) The petitioner was initially appointed on 30/4/2013 for a period of 11 months as a Technical Service Provider (Annexure P-3) and thereafter on 8/9/2014 (Annexure P-5) as a Computer Operator -cum- Bill Verifier, again on contractual basis. On 21/6/2018 (Annexure P-6), he was appointed as IT Net Tech on temporary basis for a period of 89 days at the regional centre ECHS Ambala. On 25/9/2018 (Annexure P-7), he was again appointed on the same post upto 31/3/2019 and was drawing contractual fee of Rs.28,100.00 per month. The said appointment was continued for another period of one year vide letter dtd. 31/3/2019 (Annexure P-8) on the same terms and conditions. Thus, it is his case that he had been working for the last 6 years to the satisfaction of seniors and colleagues. Reliance is also placed upon the certificate issued to him on 31/1/2020 (Annexure P-18) whereby, it is held out that there was no adverse report against the individual.