MADAN MOHAN MISHRA Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS application is directed against the order, dated 15.12.2006 passed by the Central Administrative Tribunal (hereinafter referred to as 'the Tribunal ') in O.A. No. 127 of 2006 whereby and whereunder the prayer of the writ petitioner, applicant before the Tribunal, for fixation and payment of salary at the minimum of the pay scale with dearness allowance of Chief Medical Officer was rejected.

(2.) The writ petitioner, on his own showing, was engaged temporarily on daily wage as Medical Officer Incharge in the Post & Telegraph Dispensary at Chapra on 12.9.2002 on a fixed remuneration of Rs. 5,000/ - per month and in this context the Office order issued by the Senior Superintendent of Post Offices, Saran Division, Chapra, dated 11.9.2002 (Annexure -2) clearly sets out the terms of his engagement, which reads as follows: - Ad hoc appointed doctor of P&TDispensary, Chapra namely Late Dr. J.N. Prasad has died on 7.9.2002. There is no other doctor posted at P&T Dispensary, Chapra, so both post of M.O.I./C at Chapra P&T Dispensary has fallen vacant. Dr. M.M. Mishra, B.Sc, MBBS, MD, MIMS, FCCP, Physician & specialist in disease of Chest, Clinic & Residence at Sadhanapuri, Chapra has preferred his willingness vide his application dtd. 10.9.2002. He is hereby temporarily engaged on daily wages, keeping in view the emergent nature of work in anticipation of approval from the competent authority. The arrangement is temporary it can be terminated at any time without any notice. He will has no right for clear absorption in the cadre.

(3.) IT is, thus clear that the petitioner was engaged purely on ad hoc basis against a post of Medical Officer in the Central Health Service which is filled up from amongst the selected candidates recommended by the Union Public Service Commission in terms of Central Health Services Rules. It is further clear that the said temporary engagement of the petitioner on his own request in the daily wages was completely fortuitous in nature and had been occasioned on account of the death of the regular incumbent, namely, Late Dr. J.N. Prasad. Subsequently, the petitioner 's remuneration while continuing on daily wages engagement came to be fixed by the order of the Postmaster General at the rate of Rs. 3,000/ - per month and again in this order, it was made clear that the petitioner will not be eligible to any other allowances such as nonpracticing allowance, Contingent allowance, Post -Graduate allowance or any other allowances as was admissible to a regular incumbent. A copy of this letter, dated 10.12.2002 as contained in Annexure -A, was also forwarded to the petitioner and it is on record that the petitioner did not object to the said terms and conditions rather he continued to work on daily wages. Subsequently, by an order, dated 17.12.2002, the fixed amount of Rs. 3,000/ - as per the earlier order dated 10.10.2002 was revised to Rs. 5,000/ - while reiterating all other terms and conditions. Again, even when the copy of the corrigendum dated 17.12.2002 altering the amount of fixed remuneration of Rs. 3,000/ - to Rs. 5,000/ - by the aforementioned letter, dated 17.12.2002 was given to the petitioner why he had accepted the same without any demur or protest.