Summary
The Petitioners were employed by the respondent--Insti- tute for carrying out assignments of research projects undertaken by the Institute. The employment of three of the four petitioners was terminated. The petitioners filed Writ Petitions in this Court alleging that they were continuously employed for more than 10-15 years and had reached an age in life where they were no more entitled to enter into Govern- ment service or any other suitable employment and, with the deprivation of their employment they were deprived of the source of sustenance and the nation of their useful service, as they had picked up requisite expertise which would be useful in carrying out any normal research project.
In the common affidavit filed on behalf of the respond- ents, the respondent-Institute stated that the employment was project-wise,.and once the project was complete, the job came to an end, and the services of the petitioners were no longer required in the absence of any research project, and that the fortuitous circumstances of continuous engagement did not confer any right on the petitioners to be in contin- ued employment even when no research project was in hand.Disposing of the petitions, this Court,HELD: The All India Institute of Medical Sciences set up by 105statute is intended to carry on research in a continuous way to improve the level of medical knowledge. The Institute is entrusted from time to time with research projects by the World Health Organisation, the Indian Council of Medical Research and other government and semigovernment bodies.Therefore, a scheme should be evolved by the Institute in coordination with the Health Ministry and the Indian Council of Medical Research so that a team of researchers is built up to meet the general requirements of research. Certain projects would quite possibly require specialised hands and on such occasions a special team could be set up on casual basis by drawing the competent hands from different institu- tions for a period but to keep up the tempo of research if a team of researchers is built up, it would be convenient for the Institute for purposes of discipline and control as also for efficiency. [108B-C]The Health Ministry must also sponsor continuous re- search projects in the field of medicine and health and for such purpose several projects should be listed out from time to time and entrusted to the respondent-Institute as also a similar Institute at Chandigarh and to Institutes as and when set up elsewhere. This would assist in updating rele- vant medial information and knowledge, apart from building up a scientific tone and temper for general circulation.[108D-E]The Institute should initiate seriously action in this regard without delay and the Ministry of Health and Indian Council of Medical Research should collaborate with the Institute. [108E]Since the respondent-Institute has immediately no scope to employ the petitioners, excepting the one already re- tained, the remaining three petitioners should be provided employment either as Researchers or in any suitable alterna- tive employment until their inclusion in a team of research- ers is considered. The Indian Council of Medical Research should take appropriate steps to offer adequate employment to the three petitioners within two months hence. If neces- sary, the Ministry of Health should cooperate and place adequate funds at the disposal of the Indian Council of Medical Research. [108F-H]See the full content of this document
Extract
Dr. V.L. Chandra And Ors. Etc. VS. All India Institute Of Medical Sciences And Ors.
PETITIONER: DR. V.L. CHANDRA AND ORS. ETC.Vs.RESPONDENT: ALL INDIA INSTITUTE OF MEDICAL SCIENCES AND ORS.DATE OF JUDGMENT22/03/1990BENCH: MISRA RANGNATHBENCH: MISRA RANGNATHPUNCHHI, M.M.RAMASWAMY, K.CITATION: 1990 SCR (2) 104 1990 SCC (3) 38JT 1990 (1) 515 1990 SCALE (1)534ACT: All India Institute of Medical Sciences Act, 1956: Sections 13 and 14---A. 1. 1. M.S. --Research Projects--Researchers-- Termination of services o...
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