Mere continuance in service in honorary capacity, without any demur, does not give any leverage to contractual employee to claim benefits on par with permanent employee

The petitioner who was appointed as Honorary Medical Officer, seeking to be treated as a regularly appointed permanent employee, i.e. full-time Resident Medical Officer and to receive all monetary benefits attached to said post. It was however found that the petitioner was merely engaged on the honorary basis as Honorary Medical Officer on a contract which was extended from time to time, by consent of both sides.

Petitioner throughout his service accepted status as honorary Medical Officer purely on a contractual basis and continued to discharge without any demur and even during an extended period of his contract, basic terms and conditions remained unchanged The case of the petitioner is that the Director of Institute appreciated and acknowledged the long meritorious service but refused to grant request as prayed for, which constrained the petitioner to submit another representation for seeking several benefits and to continue him till the age of 70 years at par with the other Central Government Institutes, etc.

Throughout his service span petitioner accepted the status as honorary Medical Officer purely on a contractual basis with open eyes and continued to discharge without any demur and throughout even during the extended period of his contract, the basic terms and conditions have remained unchanged. That being the position, hardly any case was made out by the petitioner to call for any interference to grant any relief as prayed for.

Honorary status having been accepted throughout by the petitioner, it is not open for the petitioner now to approach the Court with a request to treat him to be a permanent full-time Resident Medical Officer irrespective of the fact as to whether he is continued for quite some time. Mere continuance in service as an honorary would not give any leverage to the petitioner to claim as if he is a permanent employee and seek all attached benefits.

Appearing Counsels – Mr. Shalin Mehta, Mr. Shrineel M Shah, Mr. Nandish Y Chudgar

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