CAT - Delhi

Absorption of contract workers must be decided expeditiously on merits, adhering to guidelines.

Dr. Anupama Gupta v. All India Institute Of Medical Sciences (AIIMS Delhi) & Ors., O.A. No.3568/2025

CAT - Delhi2 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

Facts

Dr. Anupama Gupta filed O.A. No.3568/2025 before the Central Administrative Tribunal.

Source reference: no citation

Her counsel submitted that the facts of her case were identical to those in O.A. No.2222/2025.

Source reference: p.2

O.A. No.2222/2025 had been disposed of on June 17, 2025, directing the respondents to examine the absorption of 107 contract workers engaged in Research Projects/Schemes.

Source reference: p.2

The counsel for respondent no.1 stated that the order in O.A. No.2222/2025 had not been challenged, and its compliance was under contemplation.

Source reference: p.2

The applicant's counsel noted that a Contempt Petition regarding the non-compliance of the June 17, 2025 order was pending, alleging undue delay by the respondents.

Source reference: p.3
02

Issues

1. Whether the applicant, engaged in Research Projects/Scheme, should have her case for absorption examined on merits.

Source reference: para. 6

2. Whether the respondents should consider the applicant's absorption alongside applicants in O.A. No.2222/2025, in light of existing guidelines and previous orders.

Source reference: para. 6
03

Law Applied

The Tribunal implicitly applied the principle of *stare decisis* and judicial consistency by noting that the facts of the present case were identical to a previously decided matter, O.A. No.2222/2025, thereby warranting a similar approach.

Source reference: p.2

It further relied on the enforceability of previous Tribunal orders, highlighted by the pendency of a Contempt Petition for non-compliance of the order dated June 17, 2025.

Source reference: p.3

The decision also referenced guidelines issued on September 26, 2008, and canons laid down in paragraph 8 of AIIMS' order dated January 9, 2025, as relevant for determining absorption.

Source reference: p.3
04

Reasoning

The Tribunal found that the facts of the applicant's case were identical to O.A. No.2222/2025, which had already directed the respondents to consider the absorption of contract workers.

Source reference: p.2

Given the admitted non-challenge of the previous order and the ongoing contempt proceedings for its non-compliance, the Tribunal deemed it appropriate to extend similar directions to the current applicant to ensure judicial consistency and avoid further proliferation of litigation.

Source reference: p.2, p.3

This approach leverages the prior decision to streamline the resolution of similar cases, emphasizing the need for the respondents to act on previously established directives concerning absorption, while also incorporating specific guidelines and previous orders relevant to the applicant's case.

Source reference: p.3
05

Holding

The Tribunal disposed of the OA, directing the respondents to examine the applicant’s case for absorption on merits.

This examination is to be conducted along with the applicants in O.A. No.2222/2025, considering guidelines issued on September 26, 2008, and the canons laid down in paragraph 8 of the AIIMS order dated January 9, 2025, giving due weightage to her experience.

Source reference: p.3

The decision taken by the respondents is to be communicated to the applicant within a further two weeks, with the entire exercise to be completed within four weeks from the date of receipt of the order.

Source reference: p.3
CAT - Delhi

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Dr. Anupama Gupta v. All India Institute Of Medical Sciences (AIIMS Delhi) & Ors., O.A. No.3568/2025

CAT - Delhi

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