CAT refuses regularization of GDC employees

The Central Administrative Tribunal (CAT) has rejected the claim of employees working in Government Dental College Srinagar for regularization but directed that they be paid salary for the period they have worked.
The applicants are para-medical staff working in the Government Dental College and Hospital, Srinagar who were appointed on contract basis in the cadres of Junior Dental Mechanic, Senior Grade Nurse, Chair-side Assistant, Junior Dental Hygienist and Dental Lab Assistant, in the year 2013 under SRO 384/2009.
The said SRO was later amended by SRO 409/2013 and then replaced by SRO 24/2019. All of them are working in 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, according to them, is highly prejudicial to the interests of the applicants seeking quashing of said order dated 11.2.2020.
They sought that the authorities be directed to take final decision to regularize and confirm their services by accepting the recommendations of the Administrative Officer, Government Dental College, Srinagar.
CAT said there is absolutely no provision for engaging them beyond six years as all the applicants have completed six years and then moved the High Court on the eve of expiry of six years and obtained interim order and now they are continuing on the strength of that interim order only.
“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 said that such a contention is barred by principles of estoppel and against the very terms of contract and undertakings made by them and the written agreement submitted by them. Therefore, the claim of the applicants cannot be accepted.
CAT on evaluation of all the contentions said it is not convinced that the applicants are entitled to get any relief. It cannot be said that they have legitimate 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, however, added that even if the appointment is illegal and fake and the applicants have entered service through back door, still after rendering service, they are 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. (Daily Excelsior)