RAMVIR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Leave granted.

(2.) This appeal raises the questions as to inter se seniority between Ramvir Singh the appellant and D. N. Gupta respondent 4 in the cadre of Medico Social Workers of Dr Ram Manohar Lohia Hospital, New Delhi (for short 'the Hospital') and the validity of the appointment of respondent 4 in the higher cadre post of Medico Social Service Officer of the same Hospital on ad hoc basis at the first instance and on permanent basis subsequently. It would be convenient to refer to the material facts which bear on the said questions at the very outset.

(3.) Three posts in the cadre of Medico Social Workers came to be created in the Hospital by an Order dated 24/08/1978 by the Ministry of Health and Family Welfare of the central government. The Hospital authorities sought to fill up those posts by candidates sponsored by the Employment Exchange as also the in-service candidates of the Hospital, according to their performance at interview. The Hospital authorities held the interview for the said candidates on 1/02/1979 and prepared a selectlist of three candidates required to fill up the said three posts of Medico Social Workers. While the appellant, the candidate sponsored by the Employment Exchange was selected and placed in that select list, respondent 4, an in-service candidate was not so selected and hence did not find any place therein. Although, all the three candidates, who found places in the select list were given appointment orders for filling up the said posts of Medico Social Workers, only the appellant and another P. G. Radappa, joined two of those posts on 25/09/1979. The other post remaining vacant, due to one of the appointees not joining it, was re-advertised on 10/01/1980 inviting applications from eligible candidates. Respondent 4, who was not selected to that post earlier, having applied for it came to be appointed therein and joined it on 11/04/1980. Four years later when a provisional seniority list dated 25/07/1984 of the appointees in the cadre of Medico Social Workers in the Hospital was prepared, the seniority of the appellant (Shri Ramvir Singh) against respondent 4 (Shri D. N. Gupta) in that cadre was maintained as becomes obvious from the following excerpt of that list: