JUDGMENT
Sanjay Kishan Kaul, J.
1. On 13.2.2001 an opportunity was granted to file
counter affidavit subject to payment of Rs. 500/- as costs.
No counter was filed. On 13.8.2001 right to file the
counter was closed. Rule has already been issued in the
matter on 6.7.2000. It is thus a case of no return.
2. Petitioners were staff Nurses who were recruited in
Govt. Hospitals during the time when staff Nurses resorted
to an indefinite strike in May, 1998. Advertisement was
issued in the times of India on 7.5.98 for qualified
nurses required on short term contract immediately for
Delhi Govt. Hospitals on Govt. approved wages.
Requirement was for the nurses below 65 years of age and
having approved Certificate/Diploma for Nursing from an
approved institution and were required to attend
walk-in-interview immediately on 8.5.98.
3. The office of the Joint Secretary (Health) issued a
letter dated 20.8.98 for payment of salary to the Staff
Nurses appointed on contract basis during the strike
period on consolidated monthly salary/wages of Rs. 5800/-
besides DA subject to the condition stated in the letter.
This was followed by office order date 17.8.1998 of the
MCD allowing creation of post for a period of 89 days for
the said Nurses. The certificate issued by MCD dated
8.5.98 in respect to petitioner No. 1 is on record
certifying that the original certificate has been checked
and she is permitted to joint duty. The said letter is
stated to contain an endorsement by the health Minister to
the effect that Principal health Secretary may ensure that
no staff nurse is victimised and those employed during
strick period may be confirmed. Applications were
thereafter submitted by the Nurses for regularisation but
there has been no response.
4. Letter issued by Deen Dayal Upadhyaya Hospital
dated 1.8.98 is addressed to the PHC/Joint Secretary
(Health) in respect of deployment of staff Nurses on
contract basis. The letter states that 52 Nurses were
appointed on contract basis for period of 89 days vide
office order dated 17.6.98 and which contract period was
going to expire. It was requested to intimate whether the
contract period is to be extended or their services were
to be terminated from the date of letter.
5. In para-11 of the writ petition it is stated that
all the Nursing Personnels appointed during the strike
period were allowed to join duty in various hospitals
after expiry of 89 days except the petitioners who were
working with respondents No. 4 and were not given any
extension of their services. It is thus contend by
learned counsel for the petitioners that the petitioners
in the present petition are discriminated against in
employment contrary to the decision on 20.8.98. The
petitioners have stated that there are several posts of
‘A’ grade Nurses lying vacant in the Hospitals run by
respondent No. 1.
6. I have considered the submissions advanced on
behalf of the petitioners. Admittedly the recruitment was
when Staff Nurses went on strike and petitioners were
employed on contract basis. There is categoric averments
in the writ petition, which has not been disputed, that
all the other Staff Nurses recruited during that time have
been continued to be so appointed and no reason has been
shown why the petitioner in this case should be considered
differently.
7. In view of aforesaid a writ of mandamus is issued
directing the respondents to treat the petitioners
similarly with the other Staff Nurses recruited during the
strike and appoint them as ‘A’ grade Staff Nurses with
consequential benefits on same terms and condition as
other staff Nurses appointed during the period. Writ
petition stands allowed in the aforesaid terms. Parties
are left to bear their own costs.
