ABHISHEK SHARMA & ORS Vs. STATE & ORS

JUDGEMENT

(1.) The petitioners came to be engaged on academic arrangement basis in the year 2011 onwards as FMPHW, X-rays Technicians, Junior ECG Technicians, Lab Technicians, Junior Theatre Assistant, Junior Sterilization Technician etc in the Health and Medical Education Department.

(2.) According to the Medical and Dental Education Appointment on Academic Arrangement Basis) Rules, 2009 (for short, rules of 2009), the academic arrangement could be carried on initially for a period of one year extendable upto maximum four years (one year at a time and subject to good performance and conduct) or till regular selection/appointment is made in accordance with the rules of recruitment governing the respective posts, whichever is earlier. Subsequently, it appears that the period of four years was extended to six years.

(3.) Rule 4 (2) of the Rules of 2009 envisaged that services of an appointee under these rules would be terminable before the expiry of the tenure of appointment with one month's notice, from other side, or on payment of one month's salary in lieu of notice by the appointing authority.