RANCHI, India, Aug. 2 -- Jharkhand High Court issued the following order on July 1:
1. Heard Dr. Ashok Kumar Singh, learned counsel for the appellants and Mr. Shadab Bin Haque, learned counsel appearing for the respondents.
2. This Appeal is directed against the order dated 02.11.2021 passed by the learned Single Judge in W.P.(S) No. 3710 of 2018, whereby and whereunder the writ application preferred by the respondents herein has been allowed and it has been held that the writ petitioners are also entitled for regularization w.e.f. 21.10.2014.
3. The factual aspects of the case reveal that an advertisement was issued by the Rajendra Institute of Medical College Hospital (RMCH) on 08.02.2002 and pursuant to the writ petitioners (respondent nos. 1 to 6 herein) being selected they were appointed on a contractual basis on 08.09.2003. The Rajendra Institute of Medical Science (RIMS) which was earlier known as RMCH floated an advertisement on 11.10.2014 for appointment of Staff Nurse Grade-A on a regular basis in terms of the provisions as contained in RIMS Nursing Staff Appointment, Promotion and Service Condition Rules, 2014. The writ petitioners had applied pursuant to the said advertisement but on scrutiny all the writ petitioners were found to be overaged and unfit for appointment. Since the writ petitioners were not appointed as Nurse Grade-A, they had preferred a writ application being W.P.(S) No. 3593 of 2015 with a prayer for regularization of their services. The said writ application was disposed of on 06.09.2017 directing the respondents therein to consider the case of the petitioners for regularization after framing a scheme for regularization of contractual / casual workers. Pursuant to the said order dated 06.09.2017 a meeting was held of the governing body of RIMS on 08.02.2018 in which a scheme was formulated for one time relaxation in age for the nurses working on contractual basis in RIMS whose services could not be regularized earlier on account of being overaged. A committee was constituted vide memo No. 1217 dated 07.03.2018 and in the meeting held on 12.03.2018 the committee decided to grant further age relaxation to nurses and laboratory technicians appointed on contractual basis over and above the limit prescribed in RIMS Nursing Appointment and Promotion Rules, 2014. On the basis of the recommendations of the regularization committee based on the decision of the Governing Body of RIMS dated 08.02.2018 an office order as contained in memo No. 2163 dated 04.04.2018 was issued whereby the services of the original writ petitioners were regularized with effect from the date of the decision of the Governing Body i.e. 08.02.2018. It has been stated that all the writ petitioners gave their joining on the post of Nurse Grade A on 04.04.2018 and the joinings were accepted treating their services as regularized with effect from 08.02.2018 vide memo No. 2451 dated 17.04.2018.
*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=zDLovBVSUw02H8XukOjXfOfYuJhuhlaZ8VOkODpXW7%2Bqat4Mxcg3xGE%2Fsm%2Ft2Nq%2B&caseno=LPA/21/2022&cCode=1&cino=JHHC010023142022&state_code=7&appFlag=)
Disclaimer: Curated by HT Syndication.
