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2018 DIGILAW 572 (GAU)

Khaled Ali Hassan S/o Late Abu Ali Hassan v. Union of India

2018-04-02

L.S JAMIR

body2018
JUDGMENT : L.S. Jamir, J. Heard Mr. SSS Rahman, learned counsel for the petitioner and Ms. A Bora, learned Standing Counsel for the respondent No. 3.National Health Mission. 2. The petitioner was initially appointed as Data Entry Operator on contractual basis in the State Leprosy Society, Assam on 01.11.2001. Thereafter, the contractual appointment was extended from time to time. In the meantime, the Mission Director, National Health Mission (NHM) issued an order dated 05.12.2016 whereby the contractual service of Data Entry Operator along with some other posts were discontinued w.e.f 10.01.2017 Further observation was made in the order dated 05.12.2016 that subject to satisfactory performance, the incumbents presently engaged in those posts (including Data Entry Operator) may be engaged in their respective position on lump sum basis and the remuneration may be paid from the approved lump sum budget as per the ROP 2016-17 upto 31st March, 2017. Thereafter, the petitioner continued as Data Entry Operator on lump sum basis. 3. It is also the case of the petitioner that the service of Data Entry Operator is essential for the computerization works of the NLEP as reflected in the letter dated 15.12.2016 written by the Joint Director of Health Services (Leprosy), Assam-cum-State Programme Officer, NLEP, Assam addressed to the Mission Director, NHM, Assam. The only grievance of the petitioner in the present writ petition is that despite continuance of the petitioner as Data Entry Operator on lump sum basis, there is no engagement order/letter issued thereby making his position insecure. 4. Ms. A. Bora, learned Standing Counsel, on instructions, submits that such letter/order for engagement of the petitioner on lump sum basis can be issued however no demand can be made by the petitioner for being appointed on contractual basis and further continuance in service. 5. On the submissions made by the learned Standing counsel and as consented to by the parties, this writ petition is accordingly disposed of directing the respondents to issue appropriate order/letter engaging the petitioner on lump sum basis as reflected in the order dated 05.12.2016 issued by the Mission Director, NHM, Assam. It is however made clear that the petitioner shall have no right to claim for contractual appointment. 6. With the above observation and direction, the writ petition is disposed of.