Tripti Singh Saha And ANR v. Union Of India And ORS

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR *** WP.CT/8/2023 Tripti Singh Saha and another Vs.

Union of India and others Mr. Gopala Binnu Kumar ... for the petitioners Mr. Shatadru Chakraborty Mr. Dibesh Dwivedi ... for the respondents August 24, 2023 [SR] Item No.9 The instant writ petition has been filed by the petitioners challenging the order passed by the learned Central Administrative Tribunal on 31st January, 2023. The learned Tribunal restrained the respondents from filling up the posts of Dental Surgeon through the impugned vacancy notice.

Since there may be requirement of Dental Surgeon in the Administration, the Tribunal directed the writ petitioners herein to make representation seeking appointment to the post of Dental Surgeon on contract basis. The respondents were directed to take a decision on the said representation regarding appointment of the petitioners on contract basis till regular recruitment to the post of Dental Surgeon is made by the Administration.

The petitioners are admittedly not in service at present. Their contract period expired on 28th February, 2022 but the petitioners claim to have served till 1st April, 2022. The petitioners submit that, as it is settled law that one set of contractual employees cannot be replaced by another set, accordingly, the petitioners may be permitted to continue in service till a regular selection process is conducted by the authority.

From the affidavit that has been filed by the Administration, it appears that the post of Dental Surgeon is still lying vacant. Till date regular appointment has not been made in the post against which the applicants/petitioners were serving. The affidavit mentions that the department is managing the work of Dental Surgeon through contract doctors of NHM and Dental faculty of ANIIMS.

It is noticed that the Tribunal was aware of the fact that the service of the petitioners as Dental Surgeon may be required for the Administration and accordingly, the Tribunal directed the petitioners to make representation. The petitioners were in service from 2008 till 1st April, 2022. Not renewing their contract, on the plea of recruiting separate set of contractual doctors is absolutely illegal and impermissible.

This Court, under similar circumstances, passed judgment on 27th July 2022 in WP.CT/11/2022 (Lieutenant Governor and others vs. Dr. Antony and others) and WP.CT/18/2022 ( Dr. Antony and others vs. Union of India and others) wherein the Court was pleased to direct the authority to continue the service of the employees in their respective posts and the Administration was directed to extend the period of contract of appointment and/or to renew the same with effect from the date of expiry of the last extension on the same terms and conditions on which they were engaged till they are replaced by regularly selected candidates. The Court made it clear that the original applicants shall not be entitled to any remuneration for the interregnum, if they have not served during such period. As it appears that the facts of the case in the matter of Dr. Antony and others (supra) is similar to the facts of the instant case, accordingly, this Court thinks it fit to direct the

Administration in the same line as in the matter of Dr. Antony and others (supra).

The Administration is, accordingly, directed to extend the period of contract of appointment of the petitioners on and from the date of expiry of their last contract on the same terms and conditions on which they were engaged till they are replaced by regularly selected candidates. The petitioners shall not be entitled to any remuneration for the period they were out of service.

The respondents are dieted to take steps in accordance with the aforesaid direction at the earliest but positively within three weeks from the date of communication of this order.

The writ petition stands disposed of.

Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

( Amrita Sinha, J. ) ( Ananya Bandyopadhyay, J.)