Srinagar: The High Court of J&K and Ladakh on Monday dismissed a petition by 150 contractual doctors and paramedics who were pressed into service by the government in the Covid hospitals and other healthcare facilities across Jammu and Kashmir.
Justice W S Nargal while dismissing their petitions held that the principle that ‘contractual employment does not give rise to a vested right to continue’ is grounded in the understanding that once a contract of employment has been mutually agreed upon by both the parties, it is not within the jurisdiction of the court to compel the employer to maintain the contract or alter the terms or status of the employment in any manner.
The bench said “it is important to distinguish between the legality of termination and the automatic continuation of contractual employment. While a worker may have the right to challenge the termination if it is in violation of statutory protections, there is no automatic right to employment continuation simply because the individual was employed under a contract”.
Thus, the court’s role is limited to ensuring that the termination of the contract is done in accordance with the law and the terms of the contract, but it cannot compel the employer to extend the contractual relationship, once it has come to an end provided that the termination/disengagement is lawful and does not violate any legal provision, it added.
The petitioners sought quashing of the endorsement order of 2023 by the Principal, GMC, Jammu, on a communication by the Secretary Health and Medical Education Department, whereby the petitioners, working on the contractual basis have been disengaged.
The petitioners also sought that they be allowed to continue their services on contractual basis till may 2024, as per Government order no.398-JK (HME) of 2021 dated 18.05.2021 “owing to their commendable performance during Covid-19 pandemic and their requirement by Principal GMC as recommended to the Secretary Health”.
Besides, they wanted their salaries to be released from January to April 2023 for having uninterruptedly performed their duties during the Covid-19 period.
The court after hearing the petitioners and the government ordered “the instant petition is dismissed to the extent of the relief prayed for continuation of the petitioners for a period of three years is concerned, as the petitioners have no unfettered right of continuance being contractual employees engaged for a specific purpose/period to address the health crises caused by Covid-19 pandemic”.
As a necessary corollary, challenge thrown by the petitioners to endorsement dated 19.04.2023 made by respondent No.2 (Principal) to the communication dated 13.04.2023 issued by respondent No.1, (Secretary) whereby the petitioners were disengaged, also fails, being devoid of any merit, noted the court.
On the relief pertaining to release of the wages of the petitioners for the period they worked, the respondents were directed to release it in favour of the petitioners provided they have worked and if there is no other legal impediment.
