Regularisation of employees done by the governing body of medical hospital under mohfw
yogesh
(Querist) 22 March 2015
This query is : Resolved
Sir,
Some B & C adhoc employee who were working in Govt hospital for last 10-12 years ( year 1997-1998) were discontinued in year 2010.they moved to CAT & High Court and file the SLP which is pending for last 3 years. ( The SLP pertains to the taking back into services) Meanwhile the Hospital identified 200 adhoc employees who are junior to those employees were notified to relieve from services..The 200 employees move to CAT where stay on notification was granter ed
Meanwhile the General Body under MINSITRY OF Health & Family welfare has regularized the services of 200 employees
The employee whose cases are pending before the SCI approached before the administration but was informed that the decision was taken by the General Body and moreover the employee has not been in the service of the hospital and hence they are helpless in giving any relief to them
Since ist gross unjustice to the employees who has been not in services but has given length of service to the central Hospital what remedy will be available to such employees? Whether they should file the fresh writ petition before the supreme court of India?( all employees are junior to employee and joined later to the hospital whose cases are pending there but only difference is that he is not in services and employees who are regularized are in the service)
Sudhir Kumar, Advocate 
(Expert) 22 March 2015
perusal of papers is required to understand the case fully. By now you will be having about 10(+) Kg papers.
meet nearest available lawyer.
malipeddi jaggarao
(Expert) 23 March 2015
Your advocate who has filed SLP in Supreme Court can advise you better. Please refer these facts to him.
Devajyoti Barman
(Expert) 23 March 2015
without pursuing papers it is difficult to advise.
Rajendra K Goyal
(Expert) 23 March 2015
Full case file need to be referred, consult some senior local lawyer.
ajay sethi
(Expert) 23 March 2015
agree with experts
Kumar Doab
(Expert) 23 March 2015
The service of employee (that is in service) can only be regularized.
The service of employee (that is not in service) can not be regularized.
The previous case filed by adhoc employees was for reinstatement.
Agreed that now all documents should be examined by an able counsel and the counsel that has examined can advise on merits and remedies.
yogesh
(Querist) 23 March 2015
Thanks aexperts for your valuable opinion
yogesh
(Querist) 27 March 2015
Sir , my query is that subsequently Hospital has regularised the services of those employees who have joined later?
The employees who has been discontinued are senior to those who has been reatined in the services and late comers are not only reatined but regaularised by the Governing body
Now the SCI doesnot about the subsequent events that haapen in the hsopital as regularisation of services are also against the constitutional bench order (Uma devi vs state of karnatka case)
In that case whether Gneral body could also be impleaded as party by moving the inerlocutory application in the same case? along with adducing of the subsequent facts that happen subsequently?
or there need to file the separate writ petition in the SCI as there is gross violation of article 14 of those employees who has been disriminated and not reated fairly???
Dr J C Vashista
(Expert) 29 March 2015
I fully agree with the expert advise of Mr. Kumar Doab. If you again go through his opinion it is amply clear the services of in-service employees only can be regularized, irrespective of the fact that they have joined later than the employees (senior to them) who have approached the apex court for their reinstatement.
T. Kalaiselvan, Advocate
(Expert) 26 March 2015
