Srinagar- Observing that contractual employees have no unfettered right of continuance, the High Court of J&K and Ladakh has dismissed a petition filed by around 150 people who were engaged to address the health crises caused by Covid-19 Pandemic.
“….this Court is of the view that the appointment of the petitioners was solely on contractual basis, specifically made in response to the urgent needs arising from the COVID19 Pandemic,” a bench of Justice Wasim Sadiq Nargal said. The petitioners along with others had been employed to run 500 bedded temporary Covid Hospitals one each at Jammu and Srinagar, in collaboration with Defence Research and Development Organization (DRDO), Ministry of Defence, Government of India.
“This temporary engagement was part of the establishment of a temporary COVID hospital, which was set up to address the immediate health crisis caused by the pandemic. Given the exceptional nature of the emergency, the petitioners’ services were deemed essential, and their employment was extended for a fixed term to support the hospital’s operations,” the court said.
Initially, the court said, the petitioners were hired on contractual basis for a specified period, with an extension of an additional six months granted to ensure continuity of service during the critical phase of the pandemic.
However, as the situation with COVID-19 improved and the immediate health crisis subsided, the temporary hospitals were closed, the court said.
“As part of this process, the permanent staff members were reinstated to their regular positions, while the services of the contractual staff, including the petitioners, were discontinued as their initial engagement was for a period of one year which was extended for further six months and the same was concluded on 31.12.2022,” the court said underlining that the petitioners have “no unfettered right of continuance” being contractual employees engaged for a specific purpose and period to address the health crises caused by Covid-19 Pandemic.
“This Court is of the considered opinion that once the Government has decided to close down the temporary hospitals, established in view of emergency related to Covid-19 pandemic, where the petitioners were contractually engaged, the respondents (authorities) cannot be asked to continue their services as contractual employees without any work or their need,” the court said and dismissed the plea.
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