SAMBASIVA RAO P Vs. HINDUSTAN SHIPYARD LIMITED VISAKHAPATNAM

JUDGEMENT

(1.) The petitioner herein seeks a declaration that the order passed on 6/06/1985, by the Hindustan Shipyard Ltd., Visakhapatnam, the first respondent herein, terminating the petitioners services with effect from 27/02/1985, was arbitrary and illegal. The petitioner also seeks a declaration that he should be deemed to be continuing in service of the first respondent continuously.

(2.) The petitioner passed M.B.B.S., from the Andhra University in the year 1975. He was appointed by the first respondent as a medical officer temporarily in October 1976. Although the appointment was initially said to be for a period of ten weeks he was continued in service. In July 1980, the first respondent advertised for two posts of medical officers for appointment on regular basis. The petitioner submitted his representation on 10/07/1980, requesting for absorption as regular medical officer. The first respondent sent a communication to the petitioner, dated 5/08/1980, stating that he could not be absorbed on a regular basis as he was appointed purely on temporary basis and the petitioner, cannot, therefore, claim any right for regular appointment. The petitioner made an application for appointment as regular medical officer in response to the aforesaid advertisement and he was called for an interview on 12/03/1981. Although the petitioner had been working as a medical officer in the first respondents undertaking he was not selected for appointment on a regular basis. The petitioner states that after the interviews were over the selection committee introduced a fresh condition that in order to be eligible for selection, the applicant should have obtained a Degree in Medicine by 1974. In as much as the petitioner obtained his Medical Degree in the year 1975, he was eliminated. The petitioner also states that in the advertisement no such stipulation has been made that in order to be eligible for selection the applicant should have obtained a Degree in Medicine by 1974.

(3.) In the aforesaid circumstances, the petitioner filed Writ Petition No. 2053 of 1981 on 31/03/1981, seeking a declaration that the petitioner is entitled for absorption into the post of medical officer in the first respondent-undertaking. The petitioner sought directions in Writ Petition Miscellaneous Petition No. 3014 of 1981 filed in the aforesaid writ petition for considering the selection of the petitioner. At that stage, counsel for the first respondent gave an undertaking before this Court that the petitioner would be considered as an eligible candidate for the post. Having regard to that undertaking no orders were passed by this Court. Even so, the petitioner has not been selected. It is stated that the selection committee did not find him suitable.