HC dismisses plea, says they have no unfettered right of continuance

Srinagar, Mar 11: The High Court of J&K and Ladakh has dismissed a plea by at least 150 persons who were engaged on contractual basis to address the health crises during Covid-19 pandemic and had sought court’s intervention for continuation of their services.

“The petitioners have no unfettered right of continuance being contractual employees engaged for a specific purpose and period to address the health crises caused by Covid-19 Pandemic,” a bench of Justice Wasim Sadiq Nargal said. The Court observed that the appointment of the petitioners was solely on contractual basis, specifically made in response to the urgent needs arising from the COVID19 Pandemic. “The petitioners along with others had been employed to run 500 bedded temporary Covid Hospitals one each at Jammu and Srinagar, in collaboration with Defence Research and Development Organization (DRDO), Ministry of Defence, Government of India”.

The court pointed out that the temporary engagement was part of the establishment of a temporary COVID hospital, which was set up to address the immediate health crisis caused by the pandemic. “Given the exceptional nature of the emergency, the petitioners’ services were deemed essential, and their employment was extended for a fixed term to support the hospital's operations”. The court noted that initially the petitioners were hired on contractual basis for a specified period and were granted extension of an additional six months granted to ensure continuity of service during the critical phase of the pandemic. “However, as the situation with COVID-19 improved and the immediate health crisis subsided, the temporary hospitals were closed,” the court said. The Court observed that as the permanent staff members were reinstated to their regular positions, the services of the contractual staff, including the petitioners, were discontinued as their initial engagement was for a period of one year which was extended for further six months. The same, it said, was concluded on December 31, 2022.

The court held that once the Government decided to close down the temporary hospitals established in view of emergencies related to Covid-19 pandemic, the government could not be asked to continue services of the petitioners as contractual employees without any work or their need. Finally, the court dismissed the petition of the 150 persons who had petitioned for continuation of their service.