BEFORE THE CENTRAL ADMINISTRATIVE TRIBUNAL

CALCUTTA BENCH

O.A.No. 351/ (S 30 / 2018 rL;'t [çf2-oL

Smti Rekha Devi Daughter of Late Ram Mukesh Resident \of Tehsil South Presently posted at Sub Centre Wandoor, Port Blair Under the respondent No. 6

Smti. Neelam Bharti Wife of D. Vijay Kumar Resident of Garacharma Presently posted at Sub Centre Nayasehar, Port Blair Under the respondent No. 6

Smti. Anita Kumari Wife of Retesh Lall Resident of Bathubasti Port Blair Tehsil South Andaman District Presently posted at Sub Centre Wandoor, Port Blaif Under the respondent No. 6

4. Smti. Pushpa Malar

;J• - ..- .. •-• -•

4 .2.

Wife of Murgeshan Resident of Haddo Port Blair Tehsil South Andaman District Presently posted at Sub Centre Stewartgunj South Andaman. Under the respondent No. 6

Sm.ti. M. Urna Devi Wife of K. Vikrarnan Resident of Wright Myo Tehsil South Andaman District Presently posted at Shoal BayLl2, South Andaman Under the respondent No. 6

Smti. Sagarika Datta Wife of Palash Biswas Resident of Diglipur North & Middle Andaman District Presently posted at Sub Centre Aerial . Bay, Diglipur, North & Middle Andaman Under the respondent No. 6

Smti. Mitali Bagchi Daughter Late M.N. Bagchi Resident of Kalinagar, Hutbay, South Andaman Port Blair Tehsil South Andaman District Presently posted at Sub Centre, Netaji Nagar, H Ut bay Under the respondent No. 6 -. -

-3-

8. Smti. Shabana Hussain Wife of C.P. Hassan Resident of Nayapuram Ferrargunj Tehsil South Andaman District Presently posted at Sub centre Mannarghat South Andaman Under the respondent No. 6

Smti. Sheela Devi Wife K. Bhumi Palladan Resident of Diglipur North & Middle Andaman District Presently posted at Laxmipur, Diglipur, North & Middle Andaman Under the respondent No. 6

Smti. Muskan Begum Daughter of D. Dharamraj Resident of Phoenix Bay Port Blair Tehsil South Andaman District Presently posted at Krishna Nagar, Havelock, South Andaman Under the respondent No. 6

Applicant

-VERSUS-

1. The Union of , Through the Secretary

Ministry of Home Affairs

Govt. of India, Central Secretariat

.. _4 - -

North Block, New Delhi-].10 001

The Union of India,

.4 Through the Secretary to the Govt. of Ihdia

Ministry of Health and Family Welfare Shastrj Bhawan,

New Delhi- 110 00 1

The Lieutenant Governor,

Andaman & ,

Raj Niwas, Port Blair-7.44101

4.. The Chief Secretary

Andaman & Nicobar Administration, Secretariat, Port Blair-744101

The Princ.i:pal Sccreta.ry (Health),. Andama & Nicobar Administration, Secretariat, Port Blair-744 101

The Director of Health Srvices

Andaman & Nicobar Administration Port Blair

7.. The Mission Director

UT Health Mission . Andaman & Nicobar Administration Secretariat, Port Blair

Respondents

- ...... _.i -•:- - . .

- --..... . - . .. . 4-- . . . .. - . .... . . 1

CENTRAL ADMINISTRATIVE TRIBUNAL - KOLKATA BENCH

O.A1351/1530/2018 Date of Order: 10.10.2018 M.A1351/759/2018

Coram: Hon'ble Mr. A.K Patnaik, Judicial Member

For the Applicant(s): Mr. B. Bhushan, Counsel

For the Respondent(s): Mr. R. Halder, Counsel

ORDER( ORAL)

A.K Patnaik, Member

Heard Ld. Counsel for both the parties.

2. M.A. No. 759/2018 filed for join rmsecutionflof this case is allowed and

disposed of accordingly. _, This O.A. has been filed under Setin l9 of-the Administrative Tribunals Act,

1985 with the following prayers:

"A) An order be passed to rescin1, rêal1, withdraw, setting aside the impugned vacallcy noice dated 1409.21 puIished in the English daily news papr b'y the respondent No. 6hereby the respondent No. 6 invited applicatibn to fill up the 31acant post of ANM under the respondent No. 6 (General 20 and iias OBC) per the notified Recruitment Rule dated 22.09.2017 for the post of Auxiliary Nurse Midwife (ANMs). an order be passed directing the respondent authorities particularly the respondent No. 3 to 6 to consider the case of the applicants for regular appointment to the post of Auxiliary Nurse Midwife (ANMs) from the date of their initial appointment.

an order be passed directing the respondent authorities to transmit the original records of the case before this Hon'ble Court, so that after perusing the same conscionable justice may be rendered to the applicant.

Any other relief or relief's order or orders, direction or directions as your Honour deem fit and proper." 2

4. Brief facts of the case of the applicants is that on the basis of a selection process

initiated by the Respondent No. 6 the applicants were appointed as Auxiliary Nurse

Midwife (ANMs) on contract basis as per notified Recruitment Rule dated

22.02.1988 which was extended from time to time and till date they are

discharging the duties under the Respondent No. 6. The applicants were shocked

to go through the a paper publication made in the daily English newspaper dated

14.09.2018 under the caption E-Recruitment notice whereby the Respondent No. 6

invited application to fill up 31 vacant post of Auxiliary Nurse Midwife (ANMs)

(General 20 and 11 OBC) and as per the said paper publication the last date to

submit the application is on 05.10.2018. Immediately after the said paper

publication, the applicants v4è lete? t€/1i8.020 18 approached all the

respondents under the Anman&0AA Cl o %ministrat\including the Hon'ble ( i Lt Governor to consider theirasf gdrppointmeii ccnsidering the length

of service dIschargedunderth pdfUéiNoi 6, buf nthing yielded Ld

Counsel for the app1ic ants submitted p . . that vent iating- their grievance the applicants

had also representing to the aiit.Iorities as dated 02.02.2018

(Annexure-A13) before Respondent N67 but nothighs been communicated to him till date.

Ld. Counsel for the applicant vehemently opposed the prayer made in the O.A. by stating that applicant's case is squarely covered in the case of Uma Devi reported in 2006 (4) SCC1.

Having heard Ld; Counsel for the parties, without going into the merit of the matter, I dispose of this O.A. by directing the Respondent No. 7 to consider the representation of the applicants, if the same has been filed and is pending before him for consideration, and pass a reasoned and speaking order as per rules and regulations within a period of six weeks from the date of receipt of copy of this 3 order. I make it clear that if after such consideration the applicants are found to be otherwise eligiblç for regularization then expeditious steps be taken within a further period of six weeks to regularize their services. I make it clear that if in the meantime the said representation has already been disposed of then result thereof

be communiéated to the applicant within two weeks.

With the aforesaid observation and direction, this O.A. stands disposed of. No

costs.

As prayed for by the Ld. Counsel for the applicant, copy of this order, along

with paperbook be transmitted to Respondent No. 7, for which, he undertakes to

deposit the cost with the Registry ithina w6k., y t:L Copies of this order be handed over to the Ld. CounslSorthe applicant.

(A.KPatnaik) Member(J)

/ IF

/ RKIPS