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

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

Ad hoc Assistant Medical Officers/Assistant Divisional Medical Officers appointed upto 1.10.1984 shall be regularised following UPSC evaluation; those appointed after 1.10.1984 not regularised but eligible for age relaxation, salary parity, and certain protections against replacement by new ad hoc appointments.

Parties
Petitioner: Dr. A.K. Jain & Ors.; Respondent: Union of India & Ors.
Jurisdiction
India
Judgment Date
24 September 1987
Procedural Posture
Writ Petition (civil) / Final Disposition
Outcome
Petitions disposed of with directions issued as per order.
Legal Topics
Regularisation of Ad Hoc Appointments, Age Relaxation, Termination and Seniority, Railway Medical Services Recruitment
Service Law Administrative Law Constitutional Law Regularisation of Ad Hoc Appointments Age Relaxation Termination and Seniority Railway Medical Services Recruitment

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Parties

Dr. A.K. Jain & Ors.

Petitioner

Union of India & Ors.

Respondent

Procedural Posture

Writ Petition (civil) / Final Disposition

Legal Issues

  1. 1 Whether services of ad hoc Assistant Medical Officers/Assistant Divisional Medical Officers could be regularised.
  2. 2 If termination of ad hoc appointees in favor of UPSC-selected officers is valid.
  3. 3 Entitlement to age relaxation for ad hoc doctors applying to UPSC.

Ratio Decidendi

Ad hoc Assistant Medical Officers/Assistant Divisional Medical Officers appointed upto 1.10.1984 shall be regularised following UPSC evaluation; those appointed after 1.10.1984 not regularised but eligible for age relaxation, salary parity, and certain protections against replacement by new ad hoc appointments.

Court Disposition

Petitions disposed of with directions issued as per order.

Orders

  • All ad hoc doctors appointed upto 1.10.1984 to be regularised after UPSC evaluation; continuity without break but no back wages.
  • Petitions of officers appointed after 1.10.1984 dismissed; UPSC-selected officers to be posted to vacant posts, or posts held by ad hoc doctors, following 'last come, first go' principle.