DR. M.A. HAQUE AND ORS. versus UNION OF INDIA AND ORS.

DR. M.A. HAQUE AND ORS. versus UNION OF INDIA AND ORS.

Ad-hoc appointees regularised through Court orders, not recruited according to UPSC rules, are not entitled to seniority based on such officiation; their seniority must be fixed below all direct recruits, both outsiders and in-service, recruited through UPSC. Among themselves, seniority will be governed by dates of initial appointment.

Parties
Petitioner Applicant: Dr. M.A. Haque; Respondent: Union of India; Petitioner Applicant: N.N. Goswamy; Petitioner Applicant: C.K. Sucharita; Petitioner Applicant: Ms. Shashi Kiran; Petitioner Applicant: Ms. Manjula Gupta; Petitioner Applicant: R. Shashi Prabhu; Petitioner Applicant: V.K. Verma; Petitioner Applicant: Raj Kumar Gupta; Petitioner Applicant: P.C. Kapur
Jurisdiction
India
Judgment Date
18 February 1993
Procedural Posture
Interlocutory Application in Writ Petition (article 32, Constitution of India) / Disposal of Interlocutory Application for Seniority Fixation
Outcome
Application disposed of.
Legal Topics
Regularisation, Seniority, Recruitment Rules, Railways Medical Services
Civil Services Service Law Regularisation Seniority Recruitment Rules Railways Medical Services

Case Brief

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Parties

Dr. M.A. Haque

Petitioner Applicant

Union of India

Respondent

N.N. Goswamy

Petitioner Applicant

C.K. Sucharita

Petitioner Applicant

Ms. Shashi Kiran

Petitioner Applicant

Ms. Manjula Gupta

Petitioner Applicant

R. Shashi Prabhu

Petitioner Applicant

V.K. Verma

Petitioner Applicant

Raj Kumar Gupta

Petitioner Applicant

P.C. Kapur

Petitioner Applicant

Procedural Posture

Interlocutory Application in Writ Petition (article 32, Constitution of India) / Disposal of Interlocutory Application for Seniority Fixation

Legal Issues

  1. 1 Fixation of seniority among regularised ad-hoc Assistant Divisional Medical Officers in Railways
  2. 2 Applicability of guidelines in Direct Recruit Class II Engineering Officers’ Association's case to ad-hoc appointments regularised by Court's orders

Ratio Decidendi

Ad-hoc appointees regularised through Court orders, not recruited according to UPSC rules, are not entitled to seniority based on such officiation; their seniority must be fixed below all direct recruits, both outsiders and in-service, recruited through UPSC. Among themselves, seniority will be governed by dates of initial appointment.

Court Disposition

Application disposed of.

Orders

  • Seniority of direct recruits (outsiders and insiders) to be determined according to the dates of their regular appointment through UPSC.
  • Petitioner-applicants to be placed in the seniority list after all direct recruits recruited till date.