Court Grants Relief to SKIMS Contractual Staff Nurses on Migrant Vacancies

Court Grants Relief to SKIMS Contractual Staff Nurses on Migrant Vacancies

Asif Iqbal | January 3, 2024 | 08:48 PM IST | Health, Kashmir, Srinagar | Follow on Google News

Court Grants Relief to SKIMS Contractual Staff Nurses on Migrant Vacancies

Court Grants Relief to SKIMS Contractual Staff Nurses on Migrant Vacancies

The High Court of Jammu and Kashmir and Ladakh delivered a significant verdict benefiting employees of the Sher-e-Kashmir Institute of Medical Sciences (SKIMS) engaged in migrant vacancies. The Daily Excelsior reported that the court’s ruling directed the regularisation of their services from the date of their initial appointment rather than from the issuance of the government order.

A total of 45 petitioner-employees, specifically working as Staff Nurses on a contractual basis, challenged Government Order No 15-SKIMS of 2013. This order regularised their services from the date of its issuance, March 19, 2013. They argued for regularisation from their initial appointment under SRO 255 dated August 5, 2003, similar to other contractual employees engaged against migrant vacancies.

Justice M A Chowdhary presiding over the case annulled the impugned order and directed the regularisation of the employees from their initial appointment date under SRO 255, issued on August 5, 2003. Additionally, SKIMS authorities were instructed to grant all consequential benefits resulting from this retrospective regularisation.

Highlighting a breach of Articles 14 and 16 of the Indian Constitution, Justice Chowdhary stated that two groups of similarly situated employees were evaluated. One group received the benefit of regularisation, while the petitioners were discriminated against.

The court observed the failure of SKIMS authorities to specify reasons why similarly situated contractual Staff Nurses engaged against migrant vacancies had not been regularised retrospectively. This discriminatory practice deprived the petitioners of equal employment opportunities compared to the other group.

The judgment declared the impugned orders legally flawed and emphasized the petitioners’ entitlement to regularisation from their initial appointment. The court expressed concern over the intentional delay in regularising the petitioners’ services, causing them unwarranted suffering.

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Asif Iqbal

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