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Himachal Pradesh High Court · body

2011 DIGILAW 2167 (HP)

Sanjeev Chauhan v. State of H. P.

2011-05-19

KURIAN JOSEPH, V.K.AHUJA

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JUDGMENT: Justice Kurian Joseph, C.J. (Oral) Petitioner is a doctor who has secured admission in the Post Graduate Medical Course. He has been in the service of the State on contract basis. The State has given special concession for the contract service doctors also by providing quota for admission to Post Graduate Courses. However, there is one subtle distinction between the regular in-service candidates and the contract/Rogi Kalyan Samiti candidates. The regular in-service doctors get study leave, whether they are in Government Medical Colleges or in private Medical Colleges, during the Post Graduate Courses, whereas the contract/ Rogi Kalyan Samiti doctors, if they serve in private medical colleges, do not get that benefit. At the outset, it has to be noted that the study leave is contemplated only as per the Central Civil Services (Leave) Rules, 1972. Rule 2 provides that the Leave Rules would apply to Govt. servants appointed to the Civil Services and posts and that the same shall not apply to persons appointed on contract, except when the contract provides otherwise. Therefore, it all depends on the terms of the contract executed by the employee concerned. The learned Additional Advocate General submits that in terms of the contract already executed by the contract service doctors/ Rogi Kalyan Samiti doctors, there is no provision for study leave. 2. The petitioner has yet another apprehension as to whether he would be in the contract service after completion of the Post Graduate Course. Provisions 3.2, 3.4 & 3.5 of the prospectus read as follows: “3.2 All the HPHS (M.O. Dental) doctors appointed on contract basis will be paid the basic contractual salary and their period of Postgraduation will be counted for the purpose of regularization of services and other benefits for which they are eligible. The doctors (M.O. Dental) appointed through Rogi Kalyan Samities will be paid (in addition to incentive money) the basic contractual salary. 3.4 The Services of the dental doctors who are appointed on contract basis by the Govt. and through Rogi Kalyan Samities will be treated terminated with Deptt. of Health & Rogi Kalyan Samities on their selection to the PG course. After completion of the Degree such candidates can be considered for appointment as a specialist dental doctors by the Rogi Kalyan Samities against available vacancies. and through Rogi Kalyan Samities will be treated terminated with Deptt. of Health & Rogi Kalyan Samities on their selection to the PG course. After completion of the Degree such candidates can be considered for appointment as a specialist dental doctors by the Rogi Kalyan Samities against available vacancies. Further at the time of regular appointment of such dental doctors, the period of service rendered as GDO (M.O. Dental) in the Health Service of State Govt., period of contractual service with Rogi Kalyan Samities and period of PG course will also be taken into consideration for counting the period for various service benefits. 3.5 There shall be condition of Bond for all categories of candidates including Direct quota candidates/All India Quota candidates. The candidates selected under HPHS (M.O. Dental) GDO quota including contractual and appointee of Rogi Kalyan Samities and Direct Quota candidates & All India Quota candidates are required to execute a bond alongwith an affidavit to the extent of Rs.15 lacs to serve the State for a period of atleast five years after completion of the PG (MDS) course failing which they will have to deposit the bond money with the State Govt. in lump sum within a period of one month on completion of PG (MDS) course. Any delay in depositing of bond money will attract a penal interest as per prevailing bank rates.” 3. Conjoint reading of the safeguards as provided by the State in the prospectus would show that the period of Post Graduate Course rendered by the contract/Rogi Kalyan Samiti candidates would be counted for the purpose of regularization. Yet another safeguard is that, on completion of the Course, such doctors, whose contract had already been terminated, would be considered against available vacancies. Therefore, it is clear that the re-engagement of the contract/Rogi Kalyan Samiti doctors who have been given the special privilege in the quota of admission to Post Graduate Course would depend on the availability of vacancies. We hence make it clear that in case vacancies are available, those doctors shall be considered in preference to fresh hands. Needless also to say that their period of Post Graduate Course will be counted for the purpose of regularization as well. 4. The learned counsel for the petitioner submits that in case there is a provision in the contract executed by the petitioner, he may be given liberty to approach the Government. Needless also to say that their period of Post Graduate Course will be counted for the purpose of regularization as well. 4. The learned counsel for the petitioner submits that in case there is a provision in the contract executed by the petitioner, he may be given liberty to approach the Government. The liberty, as prayed for, is reserved. 5. With the above directions, the writ petition is disposed of, so also the pending applications, if any.