'Contributed To Society In Most Unprecedented Times Of COVID-19': High Court Directs Delhi Govt To Clear Dues Of Ad Hoc Auxiliary Nurse Midwives

The High Court has directed the Delhi Government to pay salaries and other dues to the Auxiliary Nurse Midwives (ANMs), who were engaged for a short term last year for COVID vaccination centres in the national capital.

Justice Jyoti Singh ordered that the payments shall be released by the Delhi Government within a period of six weeks.

"It needs no overemphasis that discharging the functions of ANMs, Petitioners have contributed to a large extent to the society in the most testing and unprecedented times of COVID-19 and it would be travesty of justice if they were deprived of their emoluments for the period they served the Respondents and the society," the court said.

Justice Singh was dealing with pleas moved by various individuals who were appointed ANMs on the basis of an advertisement dated May 4, 20221. The period of engagement of petitioners was purely on a short term or ad-hoc basis at consolidated emoluments fixed at Rs.40,000 per month. The period of engagement was extendable only if there was further requirement.

On a petition seeking continuity of service as ANMs, the court in June had ordered a status quo on the service conditions of the petitioners. The order was based on an earlier interim order passed by a vacation bench in a similar case. 

Observing that the advertisement clearly stated that the posts were to be filled purely on a short term basis till July 31, 2021 subject to further extension, Justice Singh said the petitioners cannot claim a vested right to assert that their services should be continued indefinitely.

"Once a categorical stand is taken by the Respondents that the CVCs have shut down as the requirement of vaccinations in school and educational Institutions has considerably reduced and the professionals hired during the surge of COVID-19 have become surplus, this Court cannot in exercise of its jurisdiction under Article 226 of the Constitution issue a mandamus to the Respondents to extend the period of service of the Petitioners and/or direct their continuance. No writ of mandamus can be issued in these facts and circumstances, restraining the Respondents from dispensing with the services of the Petitioners," the court said.

As the petitioners' counsel prayed that the ANMs be at least paid their emoluments for the period that they had worked under the interim order, the Delhi Government opposed the prayer and also submitted that some of the petitioners had taken alternative employment during the said period.

The petitioners' counsel submitted on instructions that only one of the ANMs had taken alternative employment, that too, for a very brief spell.

"Accordingly, it is directed that the Petitioners, save and except, Petitioner No. 1 shall be paid their salaries, emoluments and/or any other dues which are payable to them in terms of the offer of appointment and in accordance with law," the court directed.

Regarding the petitioner who had taken alternative employment, Justice Singh said that it will be open to him to make a representation to the authorities along with documents pertaining to his alternate employment in the relevant period, if any.

"It is open to the Respondents to verify the documents and in case it is found that Petitioner No. 1 has worked with the Respondents for any period during which the interim order of this Court was operative, he shall be paid his proportionate salary and other emoluments," the court added.

Title: AADESH KUMAR AND ORS. v. SH. AMIT SINGLA AND ANR. and other connected matters

Citation: 2022 LiveLaw (Del) 1196

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