HINDUSTAN SHIPYARD LTD. AND ORS. versus DR. P. SAMASIVA RAO ETC.

HINDUSTAN SHIPYARD LTD. AND ORS. versus DR. P. SAMASIVA RAO ETC.

Directions for regularisation of ad hoc medical officers without selection process as per Recruitment Rules are impermissible; regularisation must be done by considering candidates by Selection Committee constituted as per rules.

Source-derived case information.

Parties
Appellant: Hindustan Shipyard Ltd.; Respondent: Dr. P. Sambasiva Rao; Respondent: Dr. J. Sanjeeva Kumar; Respondent: Dr. S. Prasada Rao
Jurisdiction
India
Judgment Date
30 January 1996
Procedural Posture
Civil Appeal / Appeal From Andhra Pradesh High Court
Outcome
appeals allowed to extent direction for regularisation set aside
Legal Topics
Ad Hoc Appointments, Regularisation, Recruitment Rules, Selection Procedure
Service Law Ad Hoc Appointments Regularisation Recruitment Rules Selection Procedure

Source-derived case record

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Parties

Hindustan Shipyard Ltd.

Appellant

Dr. P. Sambasiva Rao

Respondent

Dr. J. Sanjeeva Kumar

Respondent

Dr. S. Prasada Rao

Respondent

Procedural Posture

Civil Appeal / Appeal From Andhra Pradesh High Court

Legal Issues

  1. 1 Whether ad hoc medical officers must be regularised without adherence to recruitment rules and selection procedures
  2. 2 Whether High Court's direction for regularisation and payment of regular scales is permissible

Ratio Decidendi

Directions for regularisation of ad hoc medical officers without selection process as per Recruitment Rules are impermissible; regularisation must be done by considering candidates by Selection Committee constituted as per rules.

Court Disposition

appeals allowed to extent direction for regularisation set aside

Orders

  • Appellant-corporation directed to constitute Selection Committee as per Recruitment Rules to consider regular appointment of respondent-medical officers.
  • Selection Committee to consider claims, apply criteria for appointment, consider performance during ad hoc service, and relax age bar if necessary.