LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

yogesh (will tell you later)     22 March 2015

Regularisation of employees done by the governing body of me

 

REGULARISATION OF EMPLOYEES DONE BY THE GOVERNING BODY OF MEDICAL HOSPITAL UNDER MOHFW

 

 

 

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)



Learning

 4 Replies

Isaac Gabriel (Advocate)     23 March 2015

The term  'not in services and employees who are regularized are in the service' needs clarification

yogesh (will tell you later)     23 March 2015

sir,

As stated above , "not in service". are those adhoc employees who has been discontinued from the hsopital 3-4 years ago and their Specail Leave Petition (SLP) is pending for 3 years...and  " in services" are thsoe adhoc employees who are joined later and was about to be discontinued but the Governing Body has regsularised their services

T. Kalaiselvan, Advocate (Advocate)     26 March 2015

You may have to wait for the outcome of the pending case in the supreme court. You have already repeated the same query in the experts section too. Visit  that section for knowing more  replies.

yogesh (will tell you later)     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???

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register