DR. M.A. HAQUE AND ORS. versus UNION OF INDIA AND ORS.

Citation: [1993] 2 S.C.R. 1 · Decided: 18-02-1993 · Supreme Court of India · Bench: P.B. SAWANT · Disposal: Disposed off

Cited by 3 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

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DR. M.A. HAQUE AND ORS. 
A 
v. 
UNION OF INDIA AND ORS. 
FEBRUARY 18, 1993 
[P.B. SAWANT AND G.N. RAY, JJ.] 
B 
Civil Services.• 
Railways-Assistant Divisional Medical Officers-Ad-hoc appointees 
between 1968 and 1984-Regularisation by Court's orders-{nter-se seniority-
C 
Fixing of-Directions-lssued. 
The petitioner-applicants were recruited by the Railways on ad hoc 
basis as Assistant Divisional Medical Officers between 1968 and 1984. 
Though UPSC recruited candidates on regular basis from time to time, 
either dne to non-availability of number of candidates or non-joining of D 
selected candidates, vacancies remained and persons like the petitioners 
continued in such vacancies on ad-hoc basis. The petitioners filed Writ 
Petitions before this Court for regularisation of their services. By orders 
of this Court, the services of the petitioners have already been regularised. 
The present application is for fixing the seniority of the Writ 
Petitioners whose services were regularised. 
Disposing of the application, thi.s Court, 
HELD: 1. Since the petitioner-applicants are admittedly not regular-
ly appointed through the UPSC according to the rules but have been 
directed to be regularised by following the procedure laid down by this 
Court, it is obvious that they are not appointed to their posts according 
to the rules. U~er no circumstances, therefore, they fall within the scope 
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of guidelines in Direct Recmit Class II Engineering Officers' Association's G 
case. The expression "in accordance with the rules" or "according to rules" 
used in the said guidelines means the rules of recruitment and not the 
special procedure laid down by this Court. The petitioner-applicants thus 
fall in an altogether different category. Therefore, a procedure for fixing 
their seniority has to be evolved. That procedure cannot be in violation of 
the guidelines laid down in Direct Recmit Class II Engineering Officers' H 
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2 
SUPREME COURT REPORTS 
[1993] 2 S.C.R. 
A Association's case. Further, the seniority given to the petitioner-applicants 
will have to be below the seniority of the outsiders directly recruited 
through the UPSC as well as below that of the directly recruited erstwhile 
ad-hoc Medical Officers. [8C-F] 
Direct Recruit Class II Engineeri11g Officers' Association & Ors. v. State 
B of MahOfOShtra & Ors., [1990] 2 SCC 715, referred to. 
2.1. Of late this Court has been witnessing a constant violation of 
the recruitment rules and a scant respect for the Constitutional provisions 
requiring recruitment to the services through the Public Service Commis-
C sion. Since this Court has in some cases permitted ret,'lllarisation of the 
irregularly recruited employees, some Governments and authorities have 
been increasingly resorting to irregular recruitments. The result has been 
that the recruitment rules and the Public Service Commissions have been 
kept in cold storage and candidates dictated by various considerations are 
being recruited as a matter of course. [9E-G] 
D 
2.2. What is further, in the present case, some of those like the 
petitioner-applicants who were initially recruited on ad-hoc basis, have 
exerted themselves and taken pains to appear for the testS before the 
UPSC and have enrolled themselves through regular channel. There are 
E three classes of employees viz., the outside direct recruits, the in-service 
direct recruits and the ad-hoc employees like the petitioner-applicants who 
were regularised through the Court's order. The direction given in Dr. 
Rawa11i's case for creation of supernumerary posts bas to be confined to 
the special facts of that case and cannot be extended to other cases. In any 
case, this Court should not give any such direction to the Railways. If, 
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however, the Railways decide to follow that course, they can do so and 
nothing prevents them from doing it. This Court would rather refrain from 
creating a precedent by giving such directi9ns. [9G-H; lOA-D] 
Dr. A.K Jain & Ors. etc. etc. v. Union of India & Ors. [1987] Supp. 
G SCC 497 and Dr. P.P.C. Rawani & Ors etc. v. Union of India & Ors., JT 1991 
(6) 534, referred to. 
3. The seniority of the direct recruits - both outsiders and insiders 
should be determined according to the dates of their regular appointment 
through the UPSC and the petitioner-applicants should be placed in the 
H seniority list after those direct recruits who are recruited till date. Among 
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DR. HAQUE v. U.0.

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