MEDICAL SUPRINTENDENT EMPLOYEES STATE INSURANCE CORPORATION AND OTHERS v. KUNAL CHAUHAN
CWP/3034/2024 · 2026-04-07
Bipin Chander Negi, Gurmeet Singh Sandhawalia
body2026
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[ 2026 DAILYLAW 1420 (HP) · dailylaw.ai ]
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[ 2026 DAILYLAW 1420 (HP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1 2026:HHC:10865 IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA CWP No. 3034 of 2024 Date of decision: 07.04.2026 ________________________________________________________ Medical Superintendent, State Insurance Corporation & others ...Petitioners Versus Dr. Kunal Chauhan
…Respondent ________________________________________________________ Coram: The Hon’ble Mr. Justice G.S. Sandhawalia, Chief Justice. The Hon’ble Mr. Justice Bipin C. Negi, Judge. Whether approved for reporting?1 ________________________________________________________ For the Petitioners: Mr. Sumeet
Raj
Sharma, Advocate. For the respondent: Mr. Varun Rana, Advocate. G.S. Sandhawalia
, Chief Justice
(Oral)
Challenge is to the order dated 07.02.2024, passed by the Central Administrative Tribunal, Chandigarh Bench, (for short “the Tribunal”) in Original Application No. 808 of 2023, titled as Dr. Kunal Chauhan Vs. Union of India & others, whereby directions were issued to the respondents/employer to allow the applicant-respondent herein, to work on 1 Whether the reporters of Local Papers may be allowed to see the judgment? 2 contract basis in the similar capacity till the regular appointment is made, as per the Recruitment and Promotion Rules. 2. The applicant had been working as Homeopathic Physician at ESIC Hospital Baddi since 05.09.2011 on contract basis and on that basis, he had filed the Original Application in the year 2023, on the ground that his contract period had been repeatedly extended on year to year basis as he had been selected in Walk-in-Interview held by the appellants and various appointment letters were issued to him, highlighting that upper age limit for recruitment to the said post was 35 years and the respondents were trying to replace the applicant by another person and thus, he was aggrieved by the action of the employer. 3. The Tribunal had noticed that the employer had no serious complaint against the applicant and his work and conduct were found upto the mark and there was work available and accordingly issued the necessary directions keeping in view the law laid down
3 by the Apex Court in Hargurpratap Singh Vs. State of Punjab & others, (2007) 13 SCC 292. 4. It has been brought to our notice that in compliance to the order of the Tribunal, an office order has been passed on 08.07.2025, whereby the services of the employee have been extended, which is stated to be the second extension, till posting of the regular Homeopathic Physician or 02.07.2026, whichever is earlier, subject to the outcome of the present petition. 5.
The employee has filed a separate Writ Petition bearing CWP No. 7765 of 2024, titled as Medical
Superintendent
Employees
Stae Insurance Corporation & others Vs. Dr. Kunal Chauhan, whereby he has sought the relief of regularization of his services, which has not been granted by the Tribunal. 6. Keeping in view the limited relief, which has been granted in consonance with the law laid down by the Apex Court in Hargurpratap Singh’s case (supra) and the factual matrix recorded by the Tribunal, we do not find any reason as such to keep the present writ
4 petition on the the Board, since the order of the Tribunal has been duly complied with and the extension has already been granted and is likely to be further granted till a person is regularly employed. 7. Accordingly, the writ petition is disposed of alongwith pending application(s), if any. (G.S. Sandhawalia)
Chief Justice. April 07, 2026
(Bipin C. Negi) (hemlata)
Judge.