S N AGGARWAL Vs. UNION OF INDIA

JUDGEMENT

(1.) This order will dispose of the application filed by three applicants who, pursuant to the orders passed by this Court, were appointed to the Delhi Higher Judicial Service as Additional District & Sessions Judges.

(2.) Apprehending that there may be some delay in the conduct of the medical examinations, on 28th November, 1991 this Court directed and clarified that their appointment orders should be issued even without the receipt of medical reports but in the orders of appointment it should be stated that their appointment was subject to the candidate being found to be medically fit. On 29th November, 1991 this Court was informed that appointment orders in respect of two of the Scheduled Caste candidates, who had also been directed to be appointed, had been issued but in respect of the applicants herein appointment orders had not been issued because it was contemplated by the Lt. Governor that Special Leave Petition should be filed against the order dated 28th November, 1991 directing the appointment of applicants even without a medical certificate. In this order it was also noted that the Court had earlier stayed further promotion and extension of those officers who had been holding these posts on ad hoc basis on stop gap arrangements. On 29th November, 1991, in order that there should be no complications because appointment orders of the applicants had not been issued, this Court passed orders staying the Notification dated 28th November, 1991 which had extended the ad hoc appointments of seven Addl. Distt. & Sessions Judges. The appointment of two Scheduled Caste candidates was also stayed.

(3.) When the case came up on 30th November, 1991 this Court was informed that orders of appointment of all the direct recruits viz., the two Scheduled Caste candidates and the three applicants have been issued. It appears that in respect of the three applicants certain medical tests were being carried out at LNJP Hospital who, it seems, had advised further tests to be carried out as, according to them there was possibly some cardiac problem with two of the candidates. Vide order dated 30th November, 1991 this Court directed the medical examinations to be conducted by the G.B. Pant Hospital which is the specialised hospital of the Delhi Administration. Direction was accordingly issued to the Medical Superintendent of the G.B. Pant Hospital to constitute a Medical Board for examining the three incumbents in accordance with the rules and it was required to submit a report to the Administrator. The applicants were directed to report for examination at the G.B. Pant Hospital which they did. They were obviously to be further medically examined pursuant to the medical examination which had already commenced at LNJP Hospital. By this order of 30th November, 1991 the interim orders were also vacated. The result was that all the five direct recruits were appointed and the appointments of seven Addt. Distt. & Sessions Judges who had been prompted on ad hoc basis were also allowed to be continued.