- (1.) In the instant writ petition, the petitioner has questioned the validity of the advertisement dated 10.12.2015 for the post of Dental Officer 01, on contractual basis in ECHS Poly Clinics, Faridkot for the period of one year, renewable for five years, vide Annexure P-8
(2.) The respondents formulated a Scheme called Exservicemen Contributory Health Scheme (hereinafter, for short 'ECHS'), on 22.9.2003. For the purpose of running ECHS Poly Clinics, Procedure for Contractual Health Scheme and Procedure for Contractual Employment of Staff was also formulated. Since the title of the Scheme itself is ex-servicemen, thus Scheme provides for giving preference to ex-servicemen for all employment in the ECHS. In the present case, the matter relates to Dental Officer. As per the Scheme Medical Officers/Specialists/Dental Officers percentage of vacancies are reserved for 60% to ex-servicemen and 40% vacancies to open; i.e., other than ex-servicemen category. The employment of civilian staff on contract would be valid for a period of 11 months only and during that period efforts would be made to appoint a suitable ex-serviceman as per para 4 of the Scheme. Extract of para 4 of the Scheme reads as under :- "4. When requisite percentage of ex-servicemen under the reservation quota are not available, specific certificate signed by GOC Area to that effect should be placed on record and thereafter the vacancies utilized by employing a suitable civilian. The GOC Area's sanction for employment of the civilian staff on contract will be valid for a period of eleven months only. During this period efforts will be made to appoint a suitable Ex-Serviceman." Under the terms and conditions of the contractual appointment, para 8 (d) stipulates duration of employment which reads as under :- "TERMS AND CONDITIONS FOR CONTRACTUAL EMPLOYMENT 8. The detailed criteria are listed in Appendix-A and B. The general terms and conditions for employment of the Medical/Para medical/Non medical staff under the ECHS are listed below:- XXX XXX XXX (d) Duration of employment. The employment of the staff will be entirely contractual in nature and will be normally for a period of two years at the maximum subject to review of their conduct and performance after eleven months." Para 14 relates to contract, wherein tenure of contract appointment has been stated that it is for 2 years and review of appointment after 11 months. Extract of para 14 reads as under :- "CONTRACT 14. Contractual agreements in the prescribed format will be signed by the Station headquarters with the individual candidates and the contracting agency as the case may be :- (a) Contract with individual employee. The contractual agreement between the contractual employees and the Station Headquarters will include the following :- (i) Designation of Appointment. (ii) Place of appointment. (iii) Contractual nature of appointment for period of two years. (iv) Review of appointment after 11 months." The Scheme also provides for procedure for disciplinary action. Para 15 to 17 reads as under :- "PROCEDURE FOR DISCIPLINARY ACTION 15. In case an ECHS contractual employee is involved in any act of professional misconduct, unethical practices, medical negligence or administrative negligence, disciplinary action be initiated against the employee and his contract may be terminated after giving a show cause notice without prejudice to any further action that may be deemed fit and initiated and considering the nature of the offence committed. 16. The Station Commander will initiate the action for termination of contract on recommendations of the concerned O I/C Polyclinic. A show cause notice will be given top the employee detailing the nature of offences an inquiry ordered by the Stn Cdr will go into details of the case including the replies to the show cause notice of the employee. The Station Commander may also take legal action under the existing laws of the land for any act listed in para 15 above. 17. The Appointing authority will be the authority for termination of contract."
(3.) In this background the petitioner was appointed on contractual basis as a Dental Officer. Accordingly an agreement was executed. Clause 2 of the agreement provides for tenure of contract, appointment and renewal of contract. Clause 2 reads as under :- "2. The agreement of the Engaged person for rendering his/her professional services shall be entirely contractual in nature and will be for a period of 12 months initially and thereafter renewable for 12 months at a time up to and subject to attaining the maximum age prescribed/indicated in Appendix A to government of India, Ministry of Defence Letter No. 24 (6)/03/US/ (WE)/D (Res) dated 22 Sep 2003 or as amended from time to time. The renewal of contract will be subject to continued good conduct and requirement for services performance of the Engaged person at the ECHS Polyclinic. A fresh contract will be executed for each renewal." In para 6 and 7, certain conditions have been imposed, which is abide by the contractee like the petitioner. Para 6 and 7 reads as under :- "6. During his/her tenure of contractual agreement engagement with the ECHS Polyclinic the Engaged person shall NOT have any association or dealing, direct or indirect, in any manner with any ECHS empanelled hospital/Nursing Homes, Diagnostic Centre and Supreme of goods or services of facilities etc. 7. During the period of contract, the Engaged Person shall not engage in any private (Medical) practice or professional consultation during working hours on working days.";