Sh Tarun Gautam And ORS. v. Govt Of NCT Of Delhi And ANR.
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IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 11717/2025, CM APPL. 47992/2025 & CM APPL. 47993/2025 SH TARUN GAUTAM AND ORS.
.....Petitioner Through:
Mr. Amar Nath Saini & Mr. Karan Gupta, Advocates.
versus GOVT OF NCT OF DELHI AND ANR.
.....Respondent Through:
Mrs. Avnish Ahlawat, Standing Counsel for GNCTD with Mr.
Nitesh Kumar Singh, Ms. Aliza Alam and Mr. Mohnish Sehrawat, Advocates.
CORAM:
HON'BLE MR. JUSTICE PRATEEK JALAN
O R D E R
% 06.08.2025 1.
Issue notice. Mrs. Avnish Ahlawat, learned Standing Counsel, accepts notice on behalf of the respondents.
2.
The petitioners are working as Pharmacists, Mohalla Clinic Assistants, and Multitask Workers on a contractual basis in Aam Aadmi Mohalla Clinics ["AAMC"] under the Government of National Capital Territory of Delhi ["GNCTD"]. By way of the present petition, they seek directions against their termination and replacement with other contractual employees.
3.
A similar writ petition [W.P.(C) 11646/2025] filed by doctors engaged in AAMC, was heard yesterday, i.e. 05.08.2025, and the following order was passed:- The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
"1.
Issue notice. Mrs. Avnish Ahlawat, learned Standing Counsel, accepts notice on behalf of the respondents.
2.
The petitioners, 221 in number, are all doctors who were engaged on a contractual basis to work in Aam Aadmi Mohalla Clinics ["AAMC"] under the Government of National Capital Territory of Delhi ["GNCTD"]. Their engagement between the year 2016 and 2025 has been extended from time to time. By way of the present petition, the petitioners seek directions against their termination and replacement with other contractual employees. The reliefs sought are in the following terms:
"(a) To restrain the Respondents from illegal termination of the contractual / empanelment / ad-hoc / daily basis employment as Doctors of the Petitioners with Aam Aadmi Mohalla Clinics (AAMCs) and Ayushman Arogya Mandir (AAM) to replace them with the same set of contractual / empanelment / ad-hoc / daily basis employment as Doctors.
(b) Pass any other order/s or directions/s which this Hon'ble Court may deem fit and proper in the facts and circumstances stated above."
3.
In the writ petition, it is contended that AAMC has been replaced with the establishment of Ayushman Arogya Mandir ["AAM"]. By an Office Order dated 14.05.2025, it was directed that the existing doctors and paramedical staff under AAMC would continue under the existing terms and conditions until 31.03.2026 or until new manpower for AAM is appointed to serve areas currently covered by the Mohalla Clinics, whichever is earlier. 4.
A copy of the Agreement signed between each of the doctors and GNCTD, to this effect, has been annexed as Annexure P-4 to the writ petition. It provides for empanelment of a doctor until 31.03.2026 or until new manpower for AAM is appointed. 5.
It is submitted by Mr. Amar Nath Saini, learned counsel for the petitioners, that at present, none of the petitioners have received any notice of termination. Further, neither have any advertisements been issued for the recruitment of manpower in AAM, nor have any appointments been made.
6.
Having regard to this factual situation, I am of the view that it is not necessary, at this stage, to entertain this writ petition on merits. However, in the event the respondents propose to terminate the petitioners' engagement before 31.03.2026, on the ground that new manpower has been engaged for AAM, they are directed to give two weeks' notice to the concerned doctors.
7.
The writ petition, alongwith pending applications, is disposed of in the aforesaid terms.
8.
All rights and contentions of the parties remain reserved." The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
4.
It is submitted on behalf of the petitioners that, in the present case, there is a distinction from the case of the doctors, in as much as some of the petitioners have been telephonically instructed not to report to duty. The matter was passed over to enable Ms. Aliza Alam, learned counsel for GNCTD, to take instructions. She states upon instructions that no decision has been taken by GNCTD to dispense with the services of any of the employees of AAMC.
5.
In view of the above submission, the writ petition, alongwith pending applications, is disposed of with the directions in paragraph 6 of the order dated 05.08.2025.
PRATEEK JALAN, J AUGUST 6, 2025 'pv/KA'/ The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.