Contractual Employees Have No Right To Get Their Contract Necessarily Renewed; Writ Court Can’t Issue Direction For Such Renewal: Allahabad High Court
Whereas dismissing the Petitions of the contractual staff employed beneath the Ayushman Bharat-Nationwide Well being Safety Mission, the Allahabad Excessive Court docket has reiterated that the contractual staff shouldn’t have a proper to have their contract essentially renewed.
The Excessive Court docket was contemplating the petitions in search of the continuance of the contractual employment of the petitioners.
The Single Bench of Justice Rajesh Singh Chauhan stated, “In view of what has been thought of above, when the contractual staff have gotten no proper to get their contract essentially renewed as such contracts haven’t been renewed, subsequently, the writ courtroom can not challenge path to resume their contract. That is additionally settled legislation that the coverage of outsourcing is outdoors the judicial assessment inasmuch because the Apex Court docket in re; State of Uttar Pradesh and Others v. Principal, Abhay Nandan Inter Faculty and Others, (2021)…”
Advocate Vikas Yadav represented the Petitioner whereas C.S.C. represented the Respondent.
Factual Background
The Authorities of India launched a Well being Mission for offering free well being care services as much as Rs 5 lakh per household within the complete nation referred to as Ayushman Bharat-Nationwide Well being Safety Mission (AB-NHPM) on July 23, 2018. The preliminary unamended challenge i.e. ABNHPM conceptualized the engagement of assist employees referred to as “Ayushman Mitra” at every public hospital/ Empaneled Well being Care Supplier/EHCP for facilitation of the sufferers/beneficiaries, declare submissions and their pre-authorizations beneath the scheme. The State Well being Company (SACHIS) needed to make sure the deployment of Ayushman Mitras and their cost by way of third-party companies.
Thereafter, the petitioners had been engaged on a contract foundation for a hard and fast interval. Within the 12 months 2019-21, the Ayushman Mitras engaged beneath the then present/unamended Ayushman Bharat-Prime Minister Jan Arogya Yojna (AB-PMJAY) continued to work as contract staff beneath the Central challenge. In 2023, the Nodal Company ensured the appointment of Author Enterprise Companies Pvt. Ltd. as Beneficiary Facilitation Company (BFA) for the State of U.P. for offering PMAMs (Pradhan Mantri Arogya Mitra) and their deployment in all public hospitals beneath PMJAY. A number of writ petitions had been filed by the prevailing PMAMs for difficult the validity of the order handed by CEO, SACHIS, with a prayer that they could be allowed to proceed and might not be changed by the brand new PMAMs engaged by the BFA they usually could also be continued beneath the unamended/non-existing challenge referred to as Nationwide Well being Mission.
Reasoning
Referring to varied judgments of the Apex Court docket together with Yogesh Mahajan v. Professor R.C. Deka, Director, All India Institute of Medical Sciences, (2018) GRIDCO Ltd. and One other v. Sadananda Doloi and Others, (2011), the Bench reiterated that contractual staff shouldn’t have a proper to get their contract essentially renewed and their rights are ruled by the phrases of the challenge/contract solely.
It was the case of the respondent that the writ petitioners, by resorting to misrepresentation of info i.e. stating incorrect info on affidavit relating to alleged subsistence and continued renewal of their contractual employment beneath the Central challenge (PMJAY), until the date of submitting of their writ petition, obtained a positive interim order. On a perusal of the info, the Bench famous that the petitioners didn’t disclose the full and proper info and gave flawed info to acquire the interim order.
“It has been constant view of the Apex Court docket that nondisclosure of fabric info and non-disclosure of related and materials paperwork with a view to acquire undue benefit and favorable orders from the Court docket quantities to deception and enjoying fraud on the Court docket and such orders would be nullity within the eyes of legislation”, it stated whereas additionally including, “It has been constant view of the Apex Court docket that nondisclosure of fabric info and non-disclosure of related and materials paperwork with a view to acquire undue benefit and beneficial orders from the Court docket quantities to deception and enjoying fraud on the Court docket and such orders could be nullity within the eyes of legislation.”
The Bench thus held that the writ petitions in search of continuance of contractual employment of the petitioners, granting extension/ renewal of contractual engagement beneath a Authorities challenge, in violation of provisions of the amended challenge, just isn’t sustainable. Dismissing the Petitions, the Bench clarified, “It’s made clear that no matter honorarium has been paid to the petitioners of the bunch of writ petitions wouldn’t be recovered from them given that pursuant to the interim orders, they have discharged their duties and obtained honorarium.”
Trigger Title: Sanjay Kumar Chaurasiya And 36 Others v. State Of U.P. Through. Prin. Secy. Deptt. Of Medical Well being And Household Welfare Lko. And 10 Others (Impartial Quotation: 2025:AHC-LKO:37471)
Look
Petitioner: Advocates Vikas Yadav, Shivam Srivastava, Utkarsh Misra
Respondent: C.S.C., Advocates Madhukar Ojha, Nishant Shukla, Satya Prakash, Shikhar Srivastava
