BHIM SINGH JAIN Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner is Dr. Bhim Singh Jain who is admittedly a highly qualified doctor being L.M.S. (Punjab), LRCPS (Edin), LRFP & S(GLG), MRCP (Edin), FRCS (Edin) and DOMS (Punjab). On 26th August, 1957 he was appointed by Respondent No. 1 on the recommendation of the Union Public Service Commission as Eye Specialist, Willingdon Hospital, New Delhi. Under proviso to Article 309 of the Constitution of India, the Central Health Service Rules, 1963 (hereinafter called C.H.S. Rules, 1963) were framed by the President of India and a new service known as the 'Central Health Service (hereinafter referred to as CHS) was constituted. The CHS under Rule 4 was then divided into four categories of Class I, namely, (1) Supertime Scales categories A & B, (2) Senior Scale category 'C', (3) Junior Scale category 'D', and (4) Class II Scale category 'E'. The Union Public Service Commission, it appears, constituted Selection Committee in terms of Rule 7(1) of CHS Rules 1963. The Selection Committee so constituted determined the suitability of persons for apponitment to categaries A to F of the service. On the recommendation of the Selection Commitee the Government of India thus constituted the C.H.S. in 1963. On 1st January, 1965 the petitioner was appointed after selection, against the post of Eye Specialist, Willingdon Hospital, New Delhi in the Senior Scale category 'C'of the CHS. After sometime he was appointed as Professor of Ophthalmology (on deputation), Assam Medical College, Dibrugarh. He joined this post in October, 1965 keeping his lien in category 'C' post under the CHS. By notification dated 8-1-1968 (Annexure 'C') the petitioner was appointed to Specialist Grade category of the CHS with effect from 9-9-1966 in pursuance of Rule 7A(1)(b) of CHS Rules, 1963 as amended in 1966. From 29-7-1968 the petitioner worked as Associate Professor of Ophthalmology, H. P. Medical College, Simla and was getting special pay @ Rs. 200 per month under Rule 12(4) of C.H.S. Rules, 1963 as amended in 1966. By notification dated 4-12-1970 (Annexure 'E') the petitioner was appointed to Supertime Grade II category of C.H.S. with effect from 29-7-1963 on probation and was posted as Chief Ophthalmologist-cum-Associate Professor of Ophthalmology, Himachal Pradesh Medical College, Simla. From 18-2-1971 he worked as Senior Eye Specialist, Willingdon Hospital, New Delhi. On 18- 8-1971 the present Writ Petition was filed, with following prayers :

(2.) The petitioner was being governed by the C.H.S. Rules 1963. It appears that on the demand of the CHS doctors for better pay scales and better opportunities for promotion, the CHS Rules, 1963 were amended by 'The Central Health Service (Amendment) Rules 1966' (hereinafter called the CHS (Amendment) Rules, 1966) which came into force on 9th September, 1966 being the date of their publication in the official gazette. As a result of amendment the Central Health Service was thoroughly reorganised. Rule 4 of CHS Rules, 1963 was substituted. Instead of categories A to E, four categories were created and the scales of pay as introduced by CHS (Amendment) Rules, 1966 are as under : <FRM>JUDGEMENT_235_ILR(DEL)1_1981Html1.htm</FRM>

(3.) By substituted Rule 5 of CHS Rules 1963 as amended in 1966 the authorised strength of the various categories of doctors in the CHS on 9-9-1966, the date of commencement of CHS (Amendment) Rules 1966. was also raised. Under the CHS Rules, 1963. the authorised permanent strength of all categories i.e. Duty posts and deputation posts was 1030 while the temporary strength was 1303. Under CHS (Amendment) Rules, 1966 authorised strength of the permanent and the temporary posts was raised to 3064 as retailed in part 'C' of the First Schedule of the CHS (Amendment) Rules 1966. In category 'B' under CHS Rules. 1963 the permanent strength was 34 and the temporary strength was 37. After amendment . by CHS (Amendment) Rules 1966 the permanent strength of Supertime Grade II equivalent to category 'B' was raised to 96 and that of temporary strength to 41. By insertion of Rule 7A vide CHS (Amendment) Rules 1966, every person in category 'A' prior to CHS (Amendment) Rules 1966 was appointed to Supertime Grade I and every person in category 'B' was appointed to Supertime Grade II of the CHS automatically. For the appointment of persons in old categories C, D and E to the new categories of CHS, a Selection Committee was to be constituted in accordance with the provisions contained in Rule 7(1) of the CHS Rules. 1963. Rule 8 was substituted by CHS (Amendment) Rules. 1966 and it provides for future maintenance of the service. Other rules were also amended drastically which will be noticed hereinafter.