Smt. Ritu Chander And ORS. v. The Honourable Lieutenant Governor And ORS.

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/684/2023 Smt Ritu Chander and others Vs.

The Hon'ble Lieutenant Governor and others Mr. Siddhartha Singha ... for the petitioners Mr. Shatadru Chakraborty Mr. Dibesh Dwivedi ... for the respondents December 20, 2023 [SR] Item No.2 A recruitment process for engagement of personnel on contract basis for the post of Nursing Officer, ANM, MTS (Ward Attendant/Ayah/Safai Karmachari) under the Andaman and Nicobar Health Department was initiated by the administration on 9th February, 2021. It is specifically stated therein that preference would be given to the candidates who have served the Administration in the Covid-19 pandemic. Selection of some 30 candidates was made. The grievance of the writ petitioners is that in spite of having served during the said pandemic, they were not considered as candidates. Those who were not so served, were recruited.

Mr. Shatadru Chakraborty, learned advocate for the Administration contended that some of the recruits have worked during the pandemic with the Administration but over all the selection has been made on the basis of eligibility and suitability.

I have gone through the affidavit-in-opposition. When the stipulation in the recruitment process, by the administration, was that preference would be given to the

candidates who had served the Administration during the Covid-19 pandemic, a detailed statement with regard to the selected candidates as to whether they had worked with the Administration during the pandemic period ought to have been given in it.

This court finds merit in the submissions of learned counsel for the petitioners.

This recruitment is contractual and temporary for six months. The present appointments will expire on 31st March, 2024.

In case the contractual appointment is continued by the Administration, in that case in the new recruitment process, the term of the persons who are working shall not be automatically extended but they would have to undergo the recruitment process along with others strictly according to the notification dated 9th February, 2021 Annexure P-7 at page 30 of the writ petition, preference to be given to the candidates who have served the Administration during the Covid-19 pandemic.

This writ application is accordingly disposed of. ( I.P.Mukerji, J.)