P P C RAWANI Vs. UNION OF INDIA

JUDGEMENT

(1.) Contempt Petition No. 160/2005 is filed by the doctors regularly recruited through Union Public Service Commission (UP SC , for short). Contempt Petition No. 169/2005 is filed by the doctors who were appointed on ad hoc basis between 1968 and 1977 and whose services were regularized with effect from 1.1.1973 or from the date of their initial appointment.

(2.) Civil Appeal No. 3519/1984 and Writ Petition No. 1228/1986, filed by some Doctors appointed on ad hoc basis, were disposed of by this Court by order dated 9.4.1987 recording the submission on behalf of the Union of India that the services of several of the ad hoc appointees had been regularized and the services of the rest will also be regularised. Referring to the issue of seniority inter-se among them, this Court observed that if the orders of regularization of appointment are made to take effect from the respective dates of their initial appointment, and seniority was consequently determined, the problem will be solved. As there was no objection to such a course by the ad-hoc doctors (appellants/petitioners therein), the said appeal and writ petition were disposed of accordingly.

(3.) The Union of India experienced some difficulties in giving effect to the directions of this Court as it found that if regularization was granted with effect from the date of their initial appointment to all the ad-hoc appointees, several regularly appointed doctors may be relegated to secondary position, in view of the earlier appointment of ad hoc doctors. The regularized doctors therefore filed applications before this Court for giving effect to the orders dated 9.4.1987. The regularly appointed doctors also filed applications to ensure that their interests were not jeopardized/prejudiced. They pointed out that they were not parties to the cases decided on 9.4.1987. These applications were considered and disposed of by this Court with the following directions by order dated 29.10.1991 reported in Dr. PPC Rawani v. Union of India, (1992) 1 SCC 331 :