- (1.) The petitioners initially engaged as District Accounts Manager under the Reproductive and Child Health Programme (hereinafter referred to as 'the RCH', for short), in the District RCH Society on a contract basis for a period of 24 months on a consolidated fee of Rs.15,000/- (Rs.Fifteen Thousand only), have instituted the present writ application praying for the following relief(s): "(i) quash the order dated 11.01.2013 so far as it seeks to abolish the posts under National Rural Health Mission held by the petitioners is concerned and further direct the respondents to proceed further in terms of the order dated 30.07.2012 and release the regular pay scale to the petitioners; (ii) to direct the respondents to quash the order dated 11.12013 due its illegality while there was already an order in place dated 30.07.2012; (iii) if during the pendency of the writ petition rules as provided by the respondents themselves are put into operation, the petitioners be screened against the said posts held by them and if found suitable, grant them all consequential benefits thereto; (iv) the respondents are restrain not to treat the post of District Accounts Manager equivalent to the post of Accounts Assistant. (v) any other order or direction as may be deemed fit and proper in the facts and circumstances of the case may also be passed in favour of humble petitioners. (vi) cost of this writ petition may also be awarded in favour of humble petitioners."
(2.) Briefly, the essential skeletal material facts are that the petitioners were appointed on contractual basis for a specific period on a consolidated amount of fee. The appointment was made on the terms and conditions of the contract annexed thereto. The period of contract was extended from time to time with the specific stipulation up to a specific date or till the regular selected candidates are made available, whichever is earlier. It is pleaded case of the petitioners that the Hon'ble Chief Ministers in the budget announcement 2012-13 provided for creation of 21,000 posts in the regular cadre for the 'Rural Health Mission' and as a consequence the Finance Department decided to provide regular pay-scale for various posts under the National Rural Health Mission (for short, 'NRHM'), and created in all 20,985 posts. It is further pleaded that vide order dated 30th July, 2012, the petitioners were required to be considered for absorption through screening. The draft rules were framed and were pending for approval. However, the respondents instead of providing regular pay scales to the petitioners, who have been holding the post of 'District Accounts Manager' for last 4 to 8 years; issued the impugned order dated 11th January, 2013, whereby the posts, which were detailed out in the order dated 30th July, 2012, have been virtually abolished and a new ex-cadre of 'Accounts Officer', has been created. The petitioners are thus, aggrieved of the order dated 11th January, 2013, and therefore, have instituted the present writ application with the relief as indicated above.
(3.) On 20th January, 2015, Mr. Anil Mathur, Advocate, after arguing the matter for some time, prayed for some time to prepare and then argue the matter. Prayer was granted and the matter was adjourned to 28th January, 2015. Time was prayed for and granted on 20th March, 2015.;