Govt Cannot Be Asked To Continue Services Of Contractual Employees Engaged During Covid-19 Pandemic: J&K&L HC

But the Court while partly allowing the petition, was of the opinion that the prayers of the Physicians, Anesthetists, Pediatricians, Medical Officer, Nursing and Paramedical/Technical staff to incorporate “05 numbers” as weightage in the future Advertisement Notices for the posts for which the petitioners had rendered their services to the Government under “Emergency Covid Response Programme" (ECRP) can be considered.

Through the present petition, it was sought to allow the petitioners to complete the period of three years of services as per a 2021 Government Order. Furthermore, sought directions to release petitioners’ Ayushman incentives as well as Covid incentives in terms of a 2019 Notification.

Accordingly, a Srinagar bench of Justice M.A. Chowdhary held, “…that once the Government has decided to close down the temporary hospitals, established in view of emergency related to Covid-19 pandemic, where the petitioners were contractually employees, the respondents cannot be asked to continue their services as contractual employees without any work or their need. In this view of the matter the petition to the extent of asking the relief to continue the petitioners for a period of three years, in view of the Government order dated 18.05.2021, cannot be granted”.

However, the bench was of the opinion that the prayer to release Ayushman as well as Covid incentives and to incorporate the condition in the future advertisement notice with regard to “05 numbers” as weightage, as has been done in the previous advertisement notices, where ‘05 numbers’ as weightage, had been given to the candidates, who were engaged for the period of three months in the Government Institute under the ECRP on contractual basis could be considered.

“…the petition is allowed to the extent of other reliefs, directing the respondents to release Ayushman as well as Covid incentives in terms of the Notification No. 01-HME of 2019 dated 19.01.2019 in favour of the petitioners and also to consider the condition to incorporate “05 numbers” as weightage in the future Advertisement Notices for the posts for which the petitioners had rendered their services to the Government under ECRP Programme, as contractual staff”, the bench had observed.

In the present matter, the petitioners were appointed on contractual basis for a period of one year on the tenure based posts in terms of a Government Order vide which two 500 bedded temporary Covid Hospitals, one each at Jammu and at Srinagar were established, and 1366 such posts were created (683 posts for each Hospital), for making these two facilities operational, collaboration with the Defense Research and Development Organization (DRDO), Ministry of Defense, Government of India.

Pursuant to which, when the one year of contractual engagement of the petitioners came to an end in the year 2022, the Health and Medical Education Department of J&K Government, to the Principal Government Medical College Srinagar, on the approval of Administrative Department, provided for extension in the tenure of the engagement of the staff, actually on the rolls/ working in the said 500 bedded Covid Hospital at Khunmoh Srinagar.

However, it was averred by the petitioners that at the end of the extension period, the petitioners still continued to report for their duties though without any formal order of extension of their engagements.

Therefore, it was argued that despite the petitioners having fulfilled all the requisite mandates for grant of extension and grant of incentives, same has not been extended to them.

Consequentially, the bench while refusing to accede to the first prayer, dismissed the petition to the extent of the relief asking for continuation of the petitioners for a period of three years, while the petition was allowed to the extent of other reliefs.

Cause Title: Aabid Rashid v. Union Territory of Jammu And Kashmir through Commissioner/Secretary to Govt. Health & Medical Education Department Civil Secretariat at Jammu /Srinagar