DR. P.P.C. RAWANI AND ORS. ETC. versus UNION OF INDIA AND ORS.

DR. P.P.C. RAWANI AND ORS. ETC. versus UNION OF INDIA AND ORS.

Appellants and similarly situated ad hoc doctors are to be regularised in Group A from 1.1.1973 or the date of their first appointment, whichever is later, with a separate seniority list and promotions only to supernumerary posts, ensuring no prejudice to regularly appointed doctors.

Parties
Appellant: Dr. P.P.C. Rawani; Respondent: Union of India; Advocate: C.S. Vaidyanathan; Advocate: Ms. Smitha Singh; Advocate: K.A.Raja; Advocate: A.K. Srivastava; Advocate: Ms. Sushma Suri; Advocate: C.V.S. Rao; Advocate: Ms. C.K. Sucharita; Advocate: Vimal Dave
Jurisdiction
India
Judgment Date
29 October 1991
Procedural Posture
Civil Appeal and Writ Petitions / Order Disposing of Applications and Clarifying Previous Directions
Outcome
Applications disposed of with directions for regularisation and separate management of seniority and promotions.
Legal Topics
Regularisation of Ad Hoc Appointments, Seniority, Promotion, Creation of Supernumerary Posts
Service Law Regularisation of Ad Hoc Appointments Seniority Promotion Creation of Supernumerary Posts

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Parties

Dr. P.P.C. Rawani

Appellant

Union of India

Respondent

C.S. Vaidyanathan

Advocate

Ms. Smitha Singh

Advocate

K.A.Raja

Advocate

A.K. Srivastava

Advocate

Ms. Sushma Suri

Advocate

C.V.S. Rao

Advocate

Ms. C.K. Sucharita

Advocate

Vimal Dave

Advocate

Procedural Posture

Civil Appeal and Writ Petitions / Order Disposing of Applications and Clarifying Previous Directions

Legal Issues

  1. 1 Whether ad hoc doctors in Central Health Service are entitled to regularisation with reference to their original dates of appointment
  2. 2 How seniority and promotion should be structured for regularised ad hoc appointees so as not to affect regularly appointed doctors

Ratio Decidendi

Appellants and similarly situated ad hoc doctors are to be regularised in Group A from 1.1.1973 or the date of their first appointment, whichever is later, with a separate seniority list and promotions only to supernumerary posts, ensuring no prejudice to regularly appointed doctors.

Court Disposition

Applications disposed of with directions for regularisation and separate management of seniority and promotions.

Orders

  • Appellants regularised in Group A of Central Health Service from 1.1.1973 or date of initial appointment, whichever is later.
  • Separate seniority list to be prepared for appellants; promotions only in supernumerary posts to be created by government.