- (1.) These three appeals arise out of the common order passed by the Madhya Pradesh State Administrative tribunal, Gwalior in TAsnos. 75and91 of 1991.
(2.) Dr Tiwari, respondent herein, was initially appointed as a Research Assistant on 25/3/1968. On 1/12/1969 he was appointed as a Demonstrator in Surgery in G. R. Medical College of Gwalior. By a government order dated 11/8/1971 he was appointed along with some other doctors to officiate temporarily as a Casualty Medical Officer (Lecturer Grade) in Madhya Pradesh Medical Service Class II in the pay scale of Rs. 360-700. This appointment was subject to his selection by the Madhya Pradesh public service commission. Claiming that as a CMO he was also doing the work of teaching in the Medical College and like other lecturers he was also paid non-practising allowance, he made a representation to the government on 17/1/1984 for being absorbed in the post of lecturer and for counting his seniority as a lecturer from 11/8/1971. As the government did not consider his representation and further representations made thereafter he filed a petition in the Madhya Pradesh High court in 1987 for obtaining the said reliefs. During the pendency of that petition the services of seven ad hoc CMOs (Lecturer Grade) , including the respondent, were regularised under the M. P. Regularisation of Ad hoc Appointment Rules, 1986 and he was appointed on the same post on temporary basis. On 21/7/1989 the government passed an order declaring him as a Lecturer in Surgery. In view of these subsequent developments the Madhya Pradesh High court " dismissed his petition as infructuous. As his service as CMO was not counted for considering his seniority as a lecturer and also because his name was not included in the gradation list of lecturers published on 9/6/1989, he first approached the government and then the High court by way of a writ petition. That petition was subsequently transferred to the tribunal and was numbered as TA No. 91 of 1991. Dr J. S. Chhabra (Appellant in Civil " Appeals Nos. 6590-91 of 1995 had applied to intervene in that petition andhis application was granted. Thereafter on 15/9/1990 he filed a substantive petition (MP No. 2265 of 1990 in the High court challenging recognition of Dr Tiwari and others as lecturers. It was also transferred to the tribunal and numbered as TANo. 75 of 1991.
(3.) The government and Dr Chhabra opposed the application filed by Dr Tiwari on the ground that appointment of Dr Tiwari was as an ad hoc CMO and not as a lecturer, which post is required to be filled up by hundred per cent direct recruitment through the public service commission. It was also contended that as a CMO Dr Tiwari was required to perform mainly the casualty duties and only additionally he was permitted to work in the Surgical Ward and do some teaching also. Dr Tiwari had appeared before the public service commission for selection and appointment for the post of lecturer in 1977 and 1981 but was not successful. On this ground they justified the action of the government in not giving him seniority from 14/8/19711 and not including his name in the seniority list of lecturers published on 9/6/1989.;