UNION OF INDIA Vs. S K BHARGAWA

JUDGEMENT

(1.) The respondent was appointed as Assistant Medical Officer in the Railways on ad hoc basis in 1986. His case along with the case of other ad hoc Assistant Medical Officers was referred to the Union Public Service Commission for the purpose of regularisation. The Commission, after the scrutiny of the confidential service record and after conducting an interview, has rejected the case of the respondent for regularisation. The Tribunal, however, by its order dated 3rd November, 1992 has directed that the case of the respondent should be considered de novo only on the basis of his service record and he should be retained in service if found fit on a regular basis. Hence the present appeal.

(2.) The case of the respondent is squarely covered by a decision of this Court in Union of India v. Dr. Gyan Prakash Singh, (1994) Suppl. SCC 306, where this Court has laid down that the decision of this Court in Dr. A. K. Jain v. Union of India (1988) 1 SCR 335 only applies to ad hoc Assistant Medical Officers appointed prior to 1st October, 1984. The Court further held that the respondent in that case who was appointed on 1st October, 1984 was found unfit by the Union Public Service Commission and hence could not be regularised. The facts of the present case are similar to those in the case of Union of India v. Gyan Prakash Singh (supra). The respondent was appointed on ad hoc basis much after 1st October, 1984. He was found unfit for regularisation by the Union Public Service Commission. Hence the appellant has correctly declined to continue him.

(3.) We have seen the counter-affidavit of the respondent and the documents annexed. The letter of appointment dated 8-7-1985 pertaining to the respondent has been produced before us. The letter sets out that the appointment of the respondent will be purely temporary on ad hoc basis for a period of six months or till the respondent is replaced by a candidate selected by the Union Public Service Commission, whichever is earlier. The letter further provides as follows:-