New Delhi: The Central Administrative
Tribunal has held that regular employees cannot be asked to
serve on contractual terms unless the policy otherwise
The Tribunal passed the order on an application filed
by Laxmi Narayan, an ex-serviceman who was appointed according
to the re-employment policy of the NCT government and posted
at Rao Tula Ram Memorial Hospital.
He challenged the conversion of his appointment from
regular to contractual basis.
"On a conjunctive perusal of the pleadings and
records of the case, we are of the considered opinion that the
present is a case of inappropriate interpretation of the
policy decision at the hands of the officials and they have
read into the policy decision something which, in fact, is not
"On merits too, we find that the impugned conversion
is thoroughly unsustainable", the Tribunal bench comprising
members S D Anand and S Pandey said.
The Department of Health and Family Welfare opposed
the plea of Narayan on the ground that the conversion was done
on the basis of policy decision issued by the government.
Rejecting the contentions of the department, the
Tribunal said that the policy decision is not applicable on
Narayan as he was appointed on regular basis and not on
"Policy decision cannot be said to be applicable to
the applicant herein as he was not a contractual employee".
"The initial appointment of the applicant herein is
not indicated to be contractual in character. In fact, it is
proved to have been made in a regular pay scale", the tribunal