Champal Singh Rana And Others vs Union Of India And Others

Pankaj Purohit, J

By means of the present writ petition, the petitioners have challenged the advertisement dated 17.11.2023, to the extent of ten posts held by them with the respondent AIIMS, for the post of Junior Administrative Officer/Office Assistant (N.S.).

It is the contention of the petitioners that petitioners have been working with the respondent AIIMS since 2015 on contractual appointment, but, subsequently, their nature of engagement was changed from contractual to engaged through outsource agency, and later on again was contractual.

It is the contention of the petitioners that petitioners are fully eligible and qualified to be given regular appointment on the post of Junior Administrative Officer/Office Assistant (N.S.) with the AIIMS and since they have been working for the last so many years in different capacity, by issuance of the aforesaid advertisement for the post held by them, is detrimental to their interest and their career would come to an end. It is also submitted by the petitioners that the petitioners cannot be treated like this and the respondents should frame scheme for regularization of the petitioners who have now become overage in anticipation of their regularization with the respondent AIIMS.

The learned counsel for the respondent Mr. Lalit Sharma has taken a preliminary objection saying that the AIIMS is notified in Central Administrative Tribunal and, therefore, the petition on the behest of the petitioners should have been filed there, which situation is not even denied by the petitioners in their writ petition. However, it is the contention of the petitioners that since the entrance examination pursuant to the advertisement dated 17.11.2023 is scheduled to be held on 18.12.2023 and the Circuit Bench of CAT is not available in the State of Uttarakhand till 28.12.2023, the petition should have been entertained and it is only for this reason, the petition has been filed before this Court.

I do not find any substance in the submission made by learned counsel for the petitioner simply for the reason that the advertisement was of 17.11.2023 and the petitioners themselves slept over their right for filing any original applications to the CAT and at the very fag end, they approached this Court.

In such view of the matter, without touching the merits of the case, the writ petition is liable to be dismissed and is hereby dismissed and the petitioners are relegated to seek appropriate remedy available under the law before appropriate forum.