LexD.K. MITRA AND ORS. versus UNION OF INDIA AND ORS.
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
A
B
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D
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G
818
D.K. MITRA AND ORS.
v.
UNION OF INDIA AND ORS.
July I, 1985
[Y.V. CHANDRACHUD, C.J., R.S. PATHAK AND SABYASACHI
MUKHARJI, JJ.]
Indian Railway Medical Service (District Medical Officers) Recruitmenl
Rules 1965/lndlan Railway Medical Service (District Medical Officers) Recruit-
ment Rules 1973/lndian Railway Medical Service (Dirisional Medical Officers/
Senior Medical Officers) Recruitment Rules 1975/lndian Railway Medical Ser11i{e
(Chief Medical
Officers, Additional
Chief
Medical
Officers,
Med/cal
Superintendents and Divisional/Senior Medical Officers) Recruitment R11/es
1978-lndian Railway Medical Service-Combined seniority list of Divisional
Medical Officers-Promotees and direct recruits-Promotion to post of Medical
Superintendent-Validity of-Pron1otion-Principle of''non~selection''-~Yhether
equivalent to "seniority-cu1n-suitabili1y"-Non-classijication of posts into perma-
nent and tenrporary- Whether all posts to be regarded as pern:anent-Person&
appointed substantfrely whetlrcr could be senior to persons appvinted in officiating
capactiy-Persons appointed to the higher post on the basis of ·'selection'-
1¥hetlter could be junior to the persons appointed subsequently-Zone wise confir-
nration-Whethe:· permissible in case of an All India Service-Detern1inalion of
seniority-Confirmation date whether relevant-Criteria for fixing inter-se
se11iority between promotees a.-1d direct recruits-What is- Quota for direct recruit-
ment-Not maintained for long period-Whether there could be rotation of
posts.
The Indian Railways Medical Service consists of Assistant Divisional
Medical Officers Class I (before January 1, 1973 described as Assistant Medical
Officers Class II). Divisional Medical Officers, Medical Superintendents, Chief
Medical Officers and Director General of Medical Services.
The Petitioners in the writ petition who were Assistant Medical Officers
Class II were confirmed, one in 1962 and the others in 1963. During the years
1970 to 72 they were selected by Departmental Promotion Committees for
officiating appointments to the Class I post of Divisional Medical Officers. At
that time the Indian Railway Medical Service (District Medical
Officers)
H
Recruitment Rules 1965 were applicable. Those Rules were repealed and
replaced by the Indian Railway Medical Service (District Medical Officers)
Recruitmeat Rules JQ73.
Under the Rules of 1965 and the Rules 1973 the
pQ~ts of Di~tri~t ?vfe4ical Offlcers w¢re treated a$ selection post3.
•
D.K. MITRA V. UNION
819
The existing pay scale of Rs. 350-900 attached to the post of Assistant
Medical Officer was revised by the Third Pay Commission and split into two
pay scales, a higher Class I scale of Rs. 700-1600 and a lower Class II scale of
Rs. 650-1200 and the posts of Assistant Medical Officers were divided into those
carrying the higher pay scale and those
carrying the lower pay scale.
The upgraded
posts in the
higher
pay scale of Rs. 700-1600 were
designated as
"Assistant Divisional
Medical Officers". The petitioners
were plactd
in
the
higher
pay
scale
of Rs.
700-1600 and were
d~signated as Assistant Divisional Medical Officers with effect from January
1, 1973.
The Rules of 1973 were replaced by the Indian Railway Medical
Service (Divisional Medical Officers/Senior Medical Officers) Recruitment Rules
1975, which were further-replaced by the Indian Railway Medical Service (Chief
Medical Officers. Additional Chief Medical Officers, Medical Superintendents
and Divisional Senior Medical Officers) Recruitment Rules, 1978. Under these
Rules promotion is effected on the principle of ''non-selection", that is, on
"seniority-cum-suitability'' basis.
The Rules of 1965 showed that there were 101 posts in the grade of
Divisional Medical Officers. The Rules of 1973 mentioned 109 posts and refer-
red to them as permanent posts only.
The Railway
Ministry for the
promotion of Assistant Medical Officers to the Class I posts of Divisional
Medical Officers indicated the number of existing vacancies for the purpose of
permanent promotion and the number of anticipated vacancies for the purpose
of officiating appointments, the number under each category being specified
zone-wise. A Class I Departmental Promotion Committee met on several
occasions and considered the cases of candidates who had completed five yean
and abov~ of service as A<>sistant Medical Officers for substantive promotionExcerpt shown. Read the full judgment & AI analysis in Lexace.