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Supreme Court of India

DR. A.K. JAIN & ORS. ETC. ETC. versus UNION OF INDIA & ORS.

Decided
24 September 1987
Judges listed
E.S. VENKATARAMIAH, K.N. SINGH (as the open data lists them; this may not name the whole bench)
Disposal
Disposed off

Citations

Official
[1988] 1 S.C.R. 335 · 1987 INSC 266
Also cited as
  • (1987) Supp SCC 497 (6 citing judgments)

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The Court's text

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After hearing learned counsel for the parties at great length h!lving regard to the peculiar facts and circumstances of these cases we pass the following Order in the above writ petitions:

p. 338, margin A

1

The services of all doctors appointed either, as Assistant Medical Officers or as Assistant Divisional Medical Officer on ad hoc basis upto 1.10.1984 shall be regularised in consultation with the Union Public Service Commission on the evaluation of their work and conduct on the basis of their confidential reports in respect of the period subsequent to 1.10. 1982. Such evaluation shall be done by the Union Public Service Commission. The doctors so regularised shall be appointed as Assistant Divisional Medical Officers with effect from the date from which they have been continuously working as Assistant Medical Officer/ Assistant Divisional Medical Officer. The Railway shall be at liberty to terminate the services of those who are not so regularised. If the services of arty of the petitioners appointed prior to 1.10.84 have been terminated except on resignation or on disciplinary grounds, he shall be also considered for regularisation and if found fit his services shall be regularised as if there was no break in the continuity of service but without any back wages.

p. 338, margin A

2

The Petitions of the Assistant Medical Officer/Assistant Divisional Medical Officers appointed subsequent to 1.10.1984 are dismissed. But we however direct that the Assistant Divisional Medical Officers who may have been now selected by the Union Public Service Commission shall first be posted to the vacant posts available wherever they may be. If all those selected by the U.P.S.C. cannot be accommodated against the available vacant posts they may be posted to the posts now held by the doctors appointed on ad hoc basis subsequent to 1.10.1984 and on such posting the doctor holding the post on ad hoc basis shall vacate the same. While making such postings the principle of 'last come, first go' shall be observed by the Railways on Zonal basis. If any doctor who is displaced pursuant to the above direction is wiling to serve in any other Zone where there is a vacancy he may be accommodated on ad hoc basis in such vacancy.

p. 338, margin E

3

All Assistant Medical Officers/Assistant Divisional Medical Officers working on ad hoc basis shall be paid the same salary and allowances as Assistant Divisional Medical Officers on the revised scale with effect from 1.1.1986. The arrears shall be paid within four months.

pp. 338–339, margin G

4

No ad hoc Assistant Medical Officer/Assistant Divisional Medical Officer who may be working in the Railways shall be replaced by any newly appointed AMO/AMO on ad hoc basis: Whenever there is need for the appointment of any AMO/ ADMO on ad hoc basis is any Zone the existing ad hoc AMO/ ADM Os who are likely to be replaced by regularly appointed candidates shall be given preference.

p. 339, margin A

5

If the ad hoc doctors appointed after 1. 10: 1984 apply for selection by the Union Public Service Commission the Union of India and the Railways Department shall grant relaxation in age, to the extent of the period of service rendered by them as ad hoc doctors in the Railways. All the Writ Petitions are disposed of in the above terms. P.S.S. Petitions disposed of.

p. 339, margin B