Excelsior Correspondent
Srinagar, Oct 6: The Central Administrative Tribunal (CAT) has rejected the declare of staff working in Government Dental College Srinagar for regularization however directed that they be paid wage for the interval they’ve labored.
The candidates are para-medical employees working within the Government Dental College and Hospital, Srinagar who had been appointed on contract foundation within the cadres of Junior Dental Mechanic, Senior Grade Nurse, Chair-side Assistant, Junior Dental Hygienist and Dental Lab Assistant, within the yr 2013 below SRO 384/2009.
The stated SRO was later amended by SRO 409/2013 after which changed by SRO 24/2019. All of them are working within the respective cadres for about six years and now on the wake of retrenchment, they initially approached the High Court aggrieved by OM dated 11.2.2020 which, in line with them, is extremely prejudicial to the pursuits of the candidates in search of quashing of stated order dated 11.2.2020.
They sought that the authorities be directed to take closing determination to regularize and ensure their providers by accepting the suggestions of the Administrative Officer, Government Dental College, Srinagar.
CAT stated there may be completely no provision for participating them past six years as all of the candidates have accomplished six years after which moved the High Court on the eve of expiry of six years and obtained interim order and now they’re persevering with on the power of that interim order solely.
“In other words, the appointment of the applicants on contract basis is purely a stop-gap arrangement, on temporary basis, without following the selection process in terms of the Constitutional scheme. In such a background, after the expiry of the said contract period they cannot be heard to say that they are entitled to be continued, entitled to be regularized etc”, the CAT recorded.
CAT stated that such a rivalry is barred by ideas of estoppel and in opposition to the very phrases of contract and undertakings made by them and the written settlement submitted by them. Therefore, the declare of the candidates can’t be accepted.
CAT on analysis of all of the contentions stated it’s not satisfied that the candidates are entitled to get any aid. It can’t be stated that they’ve professional expectation of regularization. “With open eyes they executed agreements fully conscious that they were appointed only for one year subject to extension and maximum period of engagement would be only six years. Beyond that they cannot claim any right”, CAT concluded.
CAT, nevertheless, added that even when the appointment is prohibited and faux and the candidates have entered service by again door, nonetheless after rendering service, they’re entitled to be paid remuneration. “Therefore the respondents are directed to pay the salary, even though they continued beyond six years, till the date of disengagement, within a period of 60 days from the date of receipt of a copy of this order”, CAT directed.
