Tribunals and CommissionsDivision Bench(2020) 09 CAT CK 0079

Sarita Soreng vs Union Of India & Others

Central Administrative Tribunal · Decided on 22 September 2020

HON’BLE JUDGES
L. Narasimha Reddy, J · Pradeep Kumar, Member (A)
RESULT
Dismissed
CASE NUMBER
Original Application No. 1315 Of 2020, Miscellaneous Application No.1600 Of 2020

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Judgment

5 paragraphs · 302 words

L. Narasimha Reddy, J

1.

The applicant was appointed as Staff Nurse Gr-II, in All India Institute of Medical Sciences (AIIMS), Bhuvaneswar, on contractual basis, in the year 2016. The respondents have now initiated steps for appointment of quite large number of Staff Nurses in AIIMS and at various places including the one at Bhubaneswar on regular basis. The applicant contends that she was appointed in accordance with the prescribed procedure and she is entitled for the regularization of her services. It is also stated that the proposed appointment would be a threat to her appointment to the post occupied by her. This O.A. is filed seeking various reliefs, such as, quashing of the impugned notice No.106/2020 dated 05.08.2020 and direction to the respondents not to abolish the post held by the applicant.

2.

We heard Mr. Gautam K. Laha, learned counsel for applicant and Mr. Rajiv R. Raj, learned counsel for respondents, at the stage of admission, through video conferencing.

4.

The applicant, no doubt, was appointed in the year 2016 as Staff Nurse Gr-II in AIIMS, Bhubaneswar. However, it was purely on contractual basis. The mere fact that she continued in that capacity for a period of 3 or 4 years does not confer any right on her to be regularized. It is natural that the employees are appointed on contractual basis only, till regular selection is made. The respondents have now initiated steps for regular appointment to the post. If the applicant is so advised and otherwise eligible, she can take part in it. However, it is made clear that the replacement of the applicant can be with only through a regularly selected candidate and she cannot be replaced by another contractual employee.

5.

With these observations, we dismiss the O.A. There shall be no order as to costs.