COVID-19: Delhi High Court restores services of contractual health worker
May 12, 2020
New Delhi [India], May 12 : The Delhi High Court has issued a notice to the Centre and the Delhi government on a plea of a contractual health worker whose services was terminated due to lockdown.
The bench of Justice Pratibha M Singh while issuing notice to respondents also directed that the services of the concerned worker will not be terminated till the next date of hearing i.e., August 13, 2020.
"After hearing counsels for the parties and considering the outbreak of the coronavirus pandemic and the fact that the Petitioner is employed in the Health Mission as a lab assistant, whose services would be required during the ongoing pandemic, it is directed that the services of the Petitioner shall not be terminated till the next date," directed the bench.
The petitioner, Bharat Arya, was engaged and employed as a laboratory assistant with the National Iodine Deficiency Disorder Control Programme (NIDDCP) by the Government of NCT of Delhi under the Delhi State Health Mission.
His lawyer Rahul Shukla submitted that he has been working in the said position since 27th March 2010 and there is no doubt that the petitioner is a contractual employee, as per the Programme Implementation Plan (PIP), the petitioner's services were recommended to be continued.
He also submitted that due to the lockdown, a further extension has not been granted and an email was received by the petitioner on 31st March 2020 that he need not attend office.
Shukla further added that as per directive dated 18th March 2020 issued by the Ministry of Health and Family Welfare, Government of India, all employees, who are working in various health missions have to be extended in their employment.
After the petitioner's submission, the counsel appearing for the Union of India, Advocate Ajay Digpaul reiterated the directive dated 18th March 2020 and submitted that considering the ongoing coronavirus pandemic, the petitioner's services would be required and ought not to be terminated.
Advocate Avanish Ahlawat, the counsel for Delhi Government, submitted that in view of the Central government's directive, the Court may pass appropriate orders.
The Court has now slated the matter for 13th August and directed the respondents not to terminate the service of the petitioner.
