Notes

Sukhwinder Singh 4957 of 2020
1. The Govt. of India has sanctioned Ex-Servicemen Contributory Health Scheme for providing medical facilities to the ex-servicemen spread across the country. The procedure to engage the contractual employment of staff for the ECHS Polyclinics has been laid down vide GOI MOD letter No. 24(6)/03/US/(WE)/D/(RES) dated 22 September 2003.
2. That station headquarter concerned is responsible for prompt action (Advertisement and Board of Officers), min four months prior to date of expiry of current empanelment. Advertisement for contractual employment of staff for ECHS Polyclinics is being placed in National/Regiment newspapers. A min six weeks period is given from the date of advertisement placed for receipt of application. Ref Para 7,8,9 of GOI, MoD letter No. 24(6)/03/US/(we)/D(RES) dated 22 September 2003. Qualitative requirement wrt age, experience and qualification in addition to details are clearly published in the advertisement. The applications are screened by Board of Officers to ensure only candidates meeting all the QR are called for the interview. All eligible candidates are interviewed by Board of officers detailed by respective Station Headquarters. If found fit and selected, the individual can be employed and granted twelve/eleven months contract to Ex-Servicemen/Civilian accordingly. Second year tenure for 12 months to Ex-Servicemen category and open selected against open vacancy of Medical and Non-Medical staff is made by respective Station Commanders and approved by Sub Area through Assessment Sheet. It is clarified that after completion of 11 months of tenure by civilian candidate, the individual may apply fresh if so desires.
3. The petitioner Ex Sep Sukhwinder Singh S/o Sh Shingara Singh is working as Chowkidar at ECHS Polyclinic, Ludhiana since 02 Apr 2018. His contract period for 02 years as Chowkidar from 02 Apr 2018 to 04 Apr 2020 on contract basis in accordance with HQ Western Comd letter No 46153/3/R/ECHS(01) dated 24 Sep 2016. It is also pertinent to mention here that petitioner had not applied for the post and filed case at Hon’ble Court on 18 Feb 2020 before pub of advertisement and get stay order. It is pertinent to mention here that the petitioner while signing the offer of contractual engagement on 19 Dec 2019 has agreed to the terms of engagement that it should be purely temporary and contractual in nature and will automatically come to an end on the expiry of contractual period or notice of termination or selection of suitable ex-serviceman whichever is earlier. That the engaged person will have no right whatsoever to claim renewal of engagement till the prescribed maximum age of superannuation or till continue of ECHS scheme, in compliance with para 4,8 (d) and 14 (a) (iii) of annexure I to the aforesaid ECHS Policy letter No 24(6)/03/US/(we)/D/(RES) dated 22 Sep 2003. The present action of filing a Writ petition is in total contradiction to the above. If the petitioner was interested in permanent job, she should not have signed the term and condition as mentioned above.
ON MERITS
1. Para 1 of writ petition needs no reply.
2. In reply to para 2 of writ petition, the petitioner signing the offer of contractual engagement on 19 Jul 2019 has agreed to the terms of engagement that it should be purely temporary and contractual in nature and will automatically come to an end on the expiry of contractual period or notice of termination or selection of suitable ex-serviceman whichever is earlier.
3. Para 3 and 4 of writ petition, the employment of contractual staff is purely contractual basis policy for the employment of 5 years have already been changed vide HQ Western Comd letter No. 46153/3/R/ECHS (01) dated 12 Sep 2016 stating that renewal of contract is required for all candidates. ESM candidate selected against ESM vacancies for 02 years on the basis of their assessment after 11 months.
4. Para 5 of writ petition is same as quoted at para 3 above.
5. Para 6 of writ petition as per the earlier policy of contractual employment was for a period of 05 years which was later changed and the selection bd for civilian candidates is held every year. Further the age of 55 years quoted by the petitioner is wrongly implemented. Max age of 55 years is for eligibility to get selected and not for retention upto the age of 55 years.
6. In reply to para 7 and 8 needs no reply.
7. In reply to para 9 to 11, that as nper policy on the selection procedure, station headquarter concerned concerned is responsible for prompt action (Advertisement and Board of Officers), min four months prior to date of expiry of currency empanelment. Advertisement for contractual employment of staff for ECHS Polyclinics is being placed in National/Regional newspapers. Hence before publication of advertisement of Chowkidar for ECHS Polyclinic, Ludhiana petitioner filed a court case and get stay order for Hon’ble Court.
8. In reply to para 12 writ petition, the petitioner was selected by the selection board for 02 years, individual was already served with ECHS Polyclinic, Ludhiana during 2014 for one year. Selection of ECHS staff is carried out purely on merit basis, but before publication of advertisement in newspaper, individual filed court case and Hon’ble Court and get stay order.
9. In reply to para 13 needs no reply.
10. In reply to para 14 is given as per para 5 above.
11. In reply to para 15 to 17 needs no reply.
12. In reply to para 18 of writ petition, there is no contravention of law being petitioner was employed for 02 years on assessment after 11 months against ESM vacancy and as per policy mentioned vide HQ Western Comd letter No 46153/3/R/ECHS(01) dated 12 Sep 2016 stating that renewal of contract is required for all candidates. The petitioner was fully liberty to apply for the same post and get selected whereas he filed a court case before publication of advertisement and get stay order from Hon’ble Court.
13. in reply to para 19 is given in para 5 above.
14. In reply to para 20 of writ petition, that the selection process is carried out before 04 months from the date of expiry of contract period of employee. The individual was selected for a pd of 02 years. Second year is granted to the individual on his assessment basis after 11 months. The same is mentioned in the contract agreement signed by the petitioner on 19 Jul 2019.
15. In reply to para 21 to 23 of writ petition, it is reiterated that this organization is followed the rules and regulations of Central Organisation ECHS which have been changed from time to time to suit organization. There