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PETITIONER: DR. P.P.C. RAWANI AND ORS. ETC.

       Vs.

RESPONDENT: UNION OF INDIA AND ORS.

DATE OF JUDGMENT29/10/1991

BENCH: RANGNATHAN, S. BENCH: RANGNATHAN, S. RAMASWAMI, V. (J) II OJHA, N.D. (J)

CITATION:  1991 SCR  Supl. (2) 109  1992 SCC  (1) 331  JT 1991 (6)   534        1991 SCALE  (2)1187

ACT: Service Law:     Central      Health      Service---Doctors--Ad       hoc appointees--Regularisation of---Courts’directions for prepa- ration  of separate seniority list and creation of  supernu- merary posts opening promotional avenues to ad hoc  appoint- ees on par with regularly recruited doctors.

HEADNOTE:     In  Civil  Appeal No.3519 of 1984, filed by  the  appel- lants,  who were appointed as doctors on adhoc basis in  the Central  Health  Service on various dates between  1968  and 1977,  praying  for regularisation of  their  services  with reference  to  their original dates  of  appointments,  this Court, by its judgment dated 9.4.1987 and subsequent orders, gave certain directions. Since the Union of India could  not implement  the  directions, the appellants filed  the  civil miscellaneous  petition  for clarification  of  the  earlier orders  passed  by this Court in the Civil  Appeal.  Certain other  doctors  who fall in the category of  the  appellants (adhoc appointees) and who had not earlier filed writ  peti- tion before the High Court, filed writ petitions and  inter- vention  applications  before  this Court  praying  for  the benefits as granted to the appellants.     It was contended by the Union of India that if regulari- sation was granted to all the appellants and the like  cate- gories of doctors, the doctors regularly appointed in  Group A  may  get relegated to secondary position in view  of  the fact  that  the appellants were appointed  much  earlier  on adhoc basis.     The regularly recruited doctors, not heard earlier, also filed  intervention applications praying that any  order  of regularisation of the appellants and the similarly  situated doctors  should ensure that their interests were not  preju- diced.     The appellants and the other similarly situated  doctors expressed  their  willingness to be considered  for  regular appointments 110 only from 1.1.1973, this being the date on which the Group B and Group A services were merged together by the  Government

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of  India.  They also agreed to give up monetary  claims  on account  of revision of scales, regularisation or  promotion to which they would be entitled till 31.10.1991. Disposing of the matters, this court,     HELD:  1.  Each  of the appellants will  be  treated  as regularised  in Group A of the Central Health  Service  from 1.1.1973 or the date of his first initial appointment in the service  (though  as an adhoc Group B doctor)  whichever  is later. [p. 113 B]      2.  In order to ensure that there is no disturbance  in the seniority and the promotional prospects of the regularly recruited doctors there will be a separate seniority list in respect  of  the appellants and their  promotions  shall  be regulated  by such separate seniority list and  such  promo- tions  will only be in supernumerary posts to be created  by the Government. [p. 113 B-C]     3(a). Each of the appellants will be eligible for promo- tion to the post of Senior Medical Officer or Chief  Medical Officer  or further promotional posts therefrom taking  into account  his seniority in the separate seniority  list.  [p. 113 D]     (b).The  promotion of any of the appellants to the  post of Senior Medical officer, Chief Medical Officer and further promotional post therefrom will be on par with the promotion of the regularly recruited doctor who is immediately  junior to the concerned appellant on the basis of their  respective dates of appointment, e.g. if a regularly recruited  doctor, on the basis of the seniority list maintained by the Depart- ment,  gets a promotion as Senior Medical Officer  or  Chief Medical  Officer or further promotion thereafter,  then  the appellant who was appointed immediately earlier to him  will also be promoted as a Senior Medical officer or Chief  Medi- cal Officer or further promotion therefrom (as the case  may be) with effect from the same date. [p. 113 D-F]     4.  In order to avoid any conflict or any  possibilities of reversion, the post to which an appellant will be promot- ed  (whether  as  Senior Medical Officer  or  Chief  Medical Officer or on further promotion therefrom) should only be to a  supernumerary  post. Such number of  supernumerary  posts should be created by the Govern- 111 ment as may be necessary to give effect to the above  direc- tions.  No promotion will be given to any of the  appellants in the existing vacancies which will go only to the regular- ly appointed doctors. [pp. 113 F-H, 114 A]       All  the writ petitioners and interveners, falling  in the  category of the appellants, would also be  entitled  to the  same  reliefs  as the appellants for  all  purposes  of seniority and promotion. [p. 114 A-C]

JUDGMENT:     CIVIL APPELLATE/ORIGINAL JURISDICTION: C.M.P. No.8076 of 1988  and I.A. Nos. 3,5,6 and 7 of 1990 In Civil Appeal  No. 3519 of 1984.     From the Judgment and Order dated 3.4.1984 of the  Delhi High Court in W.P. No. 1144 of 1983. WITH               Writ Petition (C) Nos. 2620-59 of 1985.               Under  Article  32  of  the  Constitution   of               India).       C.S.  Vaidyanathan, Ms. Smitha Singh,  K.A.Raja,  A.K. Srivastava,     Sushma  Suri, C.V.S. Rao, Ms. C.K. Sucharita  and  Vimal

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Dave for the appearing parties. The following Order of the court was delivered:     CMP  No.  8076/1988: This is an application  by  certain doctors  of the Central Health Service for clarification  of the  earlier orders passed by this Court in C.A.  3519/1984. Actually, the appellants’ grievance is that even though  the appeal was disposed of by the order of this court dated 9.4. 1987  and the directions given therein have been  reiterated in  the subsequent orders of this Court, the Union of  India has not given proper effect to the directions given by  this Court.     Briefly, the appellants were originally appointed  after interview by selection committees but only as adhoc appoint- ees  in  the above service. They were appointed  on  various dates between 1968 and 1977. Their grievance is that dispite their  long service in the Department they were not  regula- rised with reference to their original dates of appointment. The  Union  of  India pointed out  certain  difficulties  in giving  effect to the order of this Court of April, 1987  by filing  a review petition and then a clarification  applica- tion  but these have been dismissed. The resultant  position is that all the appellants have to be regularised in Group A of the Central 112 Health Service w.e.f. 1.1.1973 or the date of their  respec- tive  original appointments whichever is later. We may  men- tion here that this date 1.1.1973 is mentioned here  because the  appellants have now expressed their willingness  to  be considered  for regular appointment only from this date  and not from any earlier date, this being the date on which  the group  B  and Group A services were merged together  by  the Government of India on the recommendations of the Third  Pay Commission. The only difficulty experienced by the Union  of India in giving effect to the directions of this Court which now subsists is that if regularisation is granted to all the appellants,  doctors  who have been regularly  appointed  in Group  A  after  an interview by the  Union  Public  Service Commission may get relegated to secondary positions in  view of the fact that the appellants were appointed much  earlier though on an adhoc basis. These regularly recruited  doctors had  not been heard earlier and they have now come  up  with intervention applications praying that any order of regular- isation of the appellants should ensure that their interests are  not prejudiced. This was also the anxiety of the  Union of India as expressed in the counter affidavit filed in this Court.     After heating all the counsel, we were inclined to think that while the appellants should get their rights which were declared  by this Court in its earlier orders, there  should at  the same time be no prejudice to the  doctors  appointed through  regular  recruitment by the  Union  Public  Service Commission.  After some discussion, counsel for  the  appel- lants  agreed to put forward certain proposals  which  would safeguard  their  interests and also at the  same  time  not prejudice  the regular appointees through the  Union  Public Service Commission. The essence of the proposal made by them is  that they may be treated to be a separate category  with their  own seniority list and entitled to promotion  in  ac- cordance  with that seniority list, the problem of  conflict with  the direct regular recruits being avoided by  creation of  an appropriate number of supernumerary posts. The  Union of  India is not agreeable to accept these  proposals  which were set down by the appellants at our instance, in the form of  an affidavit. The proposals of the appellants have  been set  down  in an annexure to an affidavit filed by  Dr.  PPC

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Rawani and dated 16th July, 1991. However, after considering the  matter  we are of the opinion that there is no  way  of rendering  justice  to all the parties before us  except  by accepting these proposals in the manner to be set down below particularly  because we find that while making the  propos- als,  the appellants have also to some extent expressed  the willingness to forgo certain rights that might have  accrued to them in consequence of the earlier orders passed by  this Court.  We  are of the opinion that the proposals  made  are reasonable in the circumstances of the case and that they do not  also in any way prejudice the rights of  the  regularly recruited doctors. 113     In  view of this, we direct that the following  proposal be implemented by the Department by way of giving effect  to the  order of this Court in C.A. 3519/84 dated  April,  1987 and  the  subsequent  clarificatory orders  passed  by  this Court: The directions given are as follows:                 1. Each of the appellants will be treated as               regularised  in Group A of the Central  Health               Service from 1.1.1973 or the date of his first               initial appointment in the service (though  as               adhoc Group B doctor), whichever is later.                 2.  In  order  to ensure that  there  is  no               disturbance  of the seniority and  the  promo-               tional  prospects of the  regularly  recruited               doctors  there  will be a  separate  seniority               list  in respect of the appellants  and  their               promotions (’about which directions are  given               below)  shall  be regulated by  such  separate               ’seniority list and such promotions will  only               be  in  supernumerary posts to be  created  as               mentioned below.                 3. (a) Each of the appellants will be eligi-               ble for promotion to the post of Senior  Medi-               cal  Officer or Chief Medical Officer or  fur-               ther  promotional posts therefrom taking  into               account his seniority in the separate seniori-               ty  list which is to be drawn up as  indicated               above.               (b) The promotion of any of the appellants  to               the  post  of Senior  Medical  Officer,  Chief               Medical  Officer and further promotional  post               therefrom will be on par with the promotion of               the regularly recruited doctor who is  immedi-               ately junior to the concerned appellant on the               basis  of their respective dates  of  appoint-               ment. In other words, if a regularly recruited               doctor,  on  the basis of the  seniority  list               maintained by the Department, gets a promotion               as  Senior  Medical Officer or  Chief  Medical               Officer or further promotion thereafter,  then               the  appellant who was  appointed  immediately               earlier  to  him will also be  promoted  as  a               Senior Medical Officer or Chief Medical  Offi-               cer  or  further promotion therefrom  (as  the               case may be) with effect from the same date.                  4.  In order that there may be no  conflict               or any possibilities of reversion, the post to               which  an appellant will be promoted  (whether               as  Senior  Medical Officer or  Chief  Medical               Officer  or  on further  promotion  therefrom)               should  only be to a supernumerary post.  Such               number of supernumerary posts should be creat-

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             ed  by the Government as may be  necessary  to               give effect to the above directions. No promo-               tion will be given to any of the appellants in               the  existing vacancies which will go only  to               the regularly               114               appointed doctors.                 5.  The appellants hereby agree to  give  up               all monetary claims on account of revision  of               scales,  regularisation or promotion to  which               they would be entitled till 31.10. 199 1.                 6.  Apart  from  the  appellants  there  are               certain doctors who fall in the same  category               but  who had not filed writ  petitions  before               the High Court. They have filed directly  writ               petitions  before  this  Court  beating   Nos.               2620-2659/1985 and intervention  applications.               The intervention applications are allowed  and               rule  nisi is issued in the writ petitions  of               which  the  other parties take  notice.  These               interveners  and  writ petitioner have  to  be               granted the same relief as the appellants.  It               is  made clear that all these  applicants  and               petitioners  will  be  entitled  to  the  same               reliefs as the appellants for all purposes  of               seniority  and promotion. All monetary  claims               on account of revision of scales,  regularisa-               tion or promotion till 31.10.1991 are given up               by These applicants and petitioners as well.     We direct that, in view of the long pendency of  litiga- tion  before  this  Court, the Union of  India  should  take immediate  steps  to  implement the  above  directions.  The directions  should be given effect to latest by 31st  March, 1992.     All  the interim applications in the matter  stand  dis- posed  of in view of the fact that the main CMP  itself  has been disposed of. R.P.                                           Matters  dis- posed of. 115