- (1.) Petitioners, who were appointed on various posts in Post Graduate Institute of Medical Education & Research Chandigarh, initially sought quashing of the order, Annexure P-20 to the extent it denied six figures central registration numbers to them and further sought direction to the respondents to give practical shape to the continuous running of the Hospital Based Cancer Registry, treating them to be permanent employees of the I.C.M.R. under the said scheme and granting them consequential service & retiral benefits to which they are legally entitled. During the pendency of the writ petition, they sought stay of termination of their services as consequent upon issuance of letter, Annexure P-25, which inter alia recited that the project on its final completion on 31.3.1992, the work was to be wound up, thus, resulting into termination of their services on giving them one month's notice. The basic plea being raised in the case is that the petitioners have acquired a legal right to be treated as permanent employees of I.C.M.R. and deserve consequential service benefits in view of the Rules and Regulations of the P.G.I. The first relief on account of later development noticed above receded in the background and thus no arguments were advanced to claim the same.
(2.) The matter has been contested and separate written statements have been filed by respondent Nos. 1, 2 and 3.
(3.) Before the stand projected in the written statement is noticed it requires to be mentioned that all the petitioners were appointed on temporary basis and as per terms and conditions of their appointment letters, their temporary employment could be terminated by notice of one month. The petitioners were appointed in the Hospital based Cancer Registry Project which was started in November, 1981 as a Research Project and was totally funded by the Indian Council of Medical Research. The project aforesaid was granted by the I.C.M.R. to collect the data to project the needs of diagnosis and treatment of cancer in this part of the country as no definite statistics and information were available. The project was funded for a period of five years. As the aims and objectives of the project could not be completed within the period of five years, the same was extended from year to year basis till 31.3.1992 on the condition that part of the funding (25 per cent) of the project was to be borne by the Institute. The employees working in the project were the employees of the project only and are not the employees of the Institute. Their appointment was, it is stated, done by the Principal Investigator of the project and not by the Institute under the PGIMER rules and regulations. They were merely the employees of the project under the Principal Investigator and disciplinary action, if any, against them was taken by the Principal Investigator and not by the Institute. It is further pleaded that the baseline data on cancer in P.G.I. and the surrounding region are not completed and are available in greater details and in sufficient quantity towards implementation of cancer control activities. The specific purpose for which the research project was funded, is now over and the objectives originally envisaged have been fulfilled. The project, it is stated, is now going to be wound up on 31.3.1992 and as the date is finally complete, there is no room for further research efforts to be put in and as such the working in the project cannot continue after 31.3.1992. Thus, it is stated, that the Indian Council of Medical Research by its letter dated 27.2.1992 has also stated that the work of the Registry is complete and no member of the staff would be retained after that date.;