HARBHAJNEEK KAUR Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) In the instant writ petition, the petitioner has questioned the validity of the advertisement dated 10.12.2015 for the post of Dental Officer 01, on contractual basis in ECHS Poly Clinics, Faridkot for the period of one year, renewable for five years, vide Annexure P-8

(2.) The respondents formulated a Scheme called Exservicemen Contributory Health Scheme (hereinafter, for short 'ECHS'), on 22.9.2003. For the purpose of running ECHS Poly Clinics, Procedure for Contractual Health Scheme and Procedure for Contractual Employment of Staff was also formulated. Since the title of the Scheme itself is ex-servicemen, thus Scheme provides for giving preference to ex-servicemen for all employment in the ECHS. In the present case, the matter relates to Dental Officer. As per the Scheme Medical Officers/Specialists/Dental Officers percentage of vacancies are reserved for 60% to ex-servicemen and 40% vacancies to open; i.e., other than ex-servicemen category. The employment of civilian staff on contract would be valid for a period of 11 months only and during that period efforts would be made to appoint a suitable ex-serviceman as per para 4 of the Scheme. Extract of para 4 of the Scheme reads as under :-

(3.) In this background the petitioner was appointed on contractual basis as a Dental Officer. Accordingly an agreement was executed. Clause 2 of the agreement provides for tenure of contract, appointment and renewal of contract. Clause 2 reads as under :-