UNION OF INDIA Vs. BHIM SINGH

JUDGEMENT

(1.) This appeal under clause 10 of the Letters Patent is directed against the judgment of a learned single Judge of this Court and raises the question of interpretation of Rules 7 and 7-A of the Central Health Service Rules, 1963 as amended by the Central Health Service (Amendment) Rules, 1966.

(2.) The appellant is Union of India while the only contesting respondent is Dr. Bhim Singh Jain (Respondent No. 1 herein) who was petitioner in Civil Writ Petition No. 60 of 1969 decided in his favour by the learned single Judge vide his judgment dated October 3, 1969. Dr. Bhim Singh is admittedly a highly qualified ophthalmic surgeon who despite his humble start as L.M.S. (Punjab), qualified himself later, as L.R.C.P.S. (Edin.), L.R.F.P. & S. (Glasgow), F.R.C.S. (Edin.), M.R.C.P. (Edin.) and D.O.M.S. (Punjab). He returned to India on the completion of his studies abroad in the year 1957 and was selected soon after his arrival, by the Union Public Service Com- mission for appointment as Staff Surgeon, Eye Specialist, Willingdon Hospital, New Delhi, in the pay scale of Rs. 600-1150 which was revised by the Pay Commission 1959, to Rs. 700-1250. He joined the above post on 26-8-1957.

(3.) In 1963 the new Health Service called the Central Health Service was constituted and rules called the Central Health Service Rules, were framed by the President under the Proviso to Article 309 of the Con- stitution. They will hereafter be described as 1963 Rules. Under these rules, the posts in the Service were divided into 5 categories, A to E, having different pay scales. Respondent No. 1 was in category C in the pay scale of 675-1300. In accordance with these rules, a Selection Committee prepared lists mentioning the order of preference for various categories. Rule 4 enjoined that the Service shall be divided into two classes, viz., Class I and Class If, comprising four scales of pay as shown below:- <FRM>JUDGEMENT_220_ILR(DEL)2_1970Html1.htm</FRM>