AMRITPAL KAUR Vs. UNION OF INDIA

JUDGEMENT

(1.) By this order various connected writ petitions i.e. CWP No.22788, 4957, 4976, 5446, 11412, 14213, 14814, 17943, 6589, 8664, 8835, 7333, 9836, 19672, 20453, 20806 of 2020, 6609, 25183 of 2017, 4003, 8574, 32208 of 2019, 187 of 2021 and COCP No.2257 of 2017 shall stand disposed of. Learned counsel for the parties are ad idem that the issue which needs adjudication is common and therefore, these writ petitions can be disposed of by a common order. The petitioners in various writ petitions are working on various posts under the Ex-servicemen Contributory Health Scheme (hereinafter referred to as 'ECHS Scheme') notified by the Central Government.

(2.) A brief introduction to the scheme under which the petitioners have been appointed is necessary. Previously, the ex-servicemen and their dependents were being provided health care facilities through the existing network of military hospitals of the Armed Forces. However, keeping in view the large number of ex-servicemen and their dependents and the huge expenditure involved in providing such health care facilities through military hospitals, a decision was taken to float a separate contributory scheme, which will be run by the ex-servicemen themselves under the overall administrative control of the concerned Station Commander, vide a letter dated 30.12.2002. Therefrom, the scheme has been functioning on the basis of various communications/instructions issued by the Ministry of Defence without framing any law or rules regulating the same. The scheme provides for establishment of armed forces clinics at military stations and non-military stations. It also gives details of estimated expenditure for establishing five types of poly clinics categorized in military and non-military stations i.e. types A, B, C, D & E, respectively, based upon the population of ex-servicemen and their dependents in that area. The scheme also enlists total authorised staff which is subject to revision from time to time. All the posts under ECHS Scheme which is a non-statutory scheme are to be filled up on contractual basis. In the letter dated 30.12.2002, a procedure for the engagement by way of contractual employment of the staff for carrying the ECHS scheme was laid down. Even a provision for reservation has been made. The maximum age limit for various posts was also prescribed. Subsequently, it was made mandatory that the staff to be engaged will have to enter into a contract with the concerned Station Commander. In the year 2013, the authorities decided that ECHS employees after having put in more than five years of service in a particular poly clinic, will have to re-appear in the interview before they are permitted to continue in the service. On the basis of the aforesaid instructions, the recruitment notices were issued. Prior to the aforesaid letter, the contracts of ECHS employees were being renewed on yearly basis on the dint of assessment of meritorious work and conduct. The letter issued in the year 2013 resulted in multiple litigations which were based on the claim of the employees that they have a right to continue till the maximum age which is prescribed for their posts in the scheme. On 30.06.2015, while deciding a bunch of writ petitions i.e. CWP No.20113 of 2013 and other connected petitions, the rights of ECHS employees were crystallized and the Court held that they have a right to continue till the maximum age prescribed for their posts in the scheme subject to availability of work and good conduct. On 19.12.2016 in LPA No.1691 of 2015, the judgment passed by the Learned Single Judge was upheld. No special leave petition is stated to have been filed before the Supreme Court.

(3.) Thereafter, again certain recruitment notice were challenged in the High Court and another Co-ordinate Bench vide a judgment dated 17.12.2017 in CWP No.439 of 2017, while following the previous judgment, restrained the authorities from issuing fresh recruitment notice. The aforesaid judgment was also upheld by the Division Bench in LPA No.1216 of 2017. Keeping in view the various judgments passed, the Government of India on 06.09.2018 changed its policy of recruitment under the scheme. The terms and conditions of a standard agreement, to be entered with the contractual employees of ECHS, were circulated. The relevant Clauses of the said agreement are as under:-