Employees can join Government Department on contract basis after VRS: Delhi High Court

Government employees who have opted VRS can join Government Department on Contract Basis Delhi High court  Judgement dated 12.01.2023.

IN THE HIGH COURT OF DELHI AT NEW DELHI

Judgment reserved on: 08.12.2022 

Judgment delivered on: 12.01.2023

W.P.(C) 5511/2022 & CM APPL. 16399/2022 

ASHWANI KUMAR SHARMA & ORS. ..... Petitioners

Through: Mr. Atul Chaubey, Adv

versus

UNION OF INDIA ..... Respondent

Through: Mr. Jivesh Kumar Tiwari, Sr. Panel Counsel with Mr. Mimansak Bhardwaj and Mr. Sunny, Advs.

CORAM: HON'BLE MR. JUSTICE V. KAMESWAR RAO HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA

ANOOP KUMAR MENDIRATTA, J

1. Petitioners invoke the writ jurisdiction under Article 226 and Article 227 of the Constitution of India for quashing of order dated December 08, 2021 passed in OA No.2781/2021 by the Central Administrative Tribunal (in short „the Tribunal‟), whereby the petition seeking following reliefs was dismissed:-

“a. Quash the order/clarification/directive dated 25.06.2021 and 13.07.2021 amending/interpreting the definition of employment/re-employment to include engagement on contractual/consultant basis and amending CPSE to include CPSE/government in clause 8(iii) of VRS 2019 as non est, arbitrary, unlawful and hence void ab initio ; and/or

b. To declare that the applicants were entitled to join -CPSE/government on consultancy/contractual basis as the same is not violation of clause 8 (iii) of VRS 2019 and such CPSEs/government must ignore the order/clarification/directive dated 25.06.2021 and 13.07.2021 while considering the application of engagement; and/or

c. Direct the respondents to inform the CPSE/government departments to consider the candidature of the applicants at par with other retirees; and/or....

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