R.V. Raveendran, J. - (1.) Contempt Petition No. 160/2005 is filed by the doctors regularly recruited through Union Public Service Commission (UP SC , for short). Contempt Petition No. 169/2005 is filed by the doctors who were appointed on ad hoc basis between 1968 and 1977 and whose services were regularized with effect from 1.1.1973 or from the date of their initial appointment.
(2.) Civil Appeal No. 3519/1984 and Writ Petition No. 1228/1986, filed by some Doctors appointed on ad hoc basis, were disposed of by this Court by order dated 9.4.1987 recording the submission on behalf of the Union of India that the services of several of the ad hoc appointees had been regularized and the services of the rest will also be regularised. Referring to the issue of seniority inter-se among them, this Court observed that if the orders of regularization of appointment are made to take effect from the respective dates of their initial appointment, and seniority was consequently determined, the problem will be solved. As there was no objection to such a course by the ad-hoc doctors (appellants/petitioners therein), the said appeal and writ petition were disposed of accordingly.
(3.) The Union of India experienced some difficulties in giving effect to the directions of this Court as it found that if regularization was granted with effect from the date of their initial appointment to all the ad-hoc appointees, several regularly appointed doctors may be relegated to secondary position, in view of the earlier appointment of ad hoc doctors. The regularized doctors therefore filed applications before this Court for giving effect to the orders dated 9.4.1987. The regularly appointed doctors also filed applications to ensure that their interests were not jeopardized/prejudiced. They pointed out that they were not parties to the cases decided on 9.4.1987. These applications were considered and disposed of by this Court with the following directions by order dated 29.10.1991 reported in Dr. PPC Rawani v. Union of India, (1992) 1 SCC 331 : (1) Each of the appellants will be treated as regularized in Group A of the Central Health Service from January 1, 1973 or the date of his first initial appointment in the service (though as ad hoc Group B doctor), whichever is later. (2) In order to ensure that there is no disturbance of the seniority and the promotional prospects of the regularly recruited doctors there will be a separate seniority list in respect of the appellants and their promotions (about which directions are given below) shall be regulated by such separate seniority list and such promotions will only be in supernumerary posts to be created as mentioned below. (3) (a) Each of the appellants will be eligible for promotion to the post of Senior Medical Officer or Chief Medical Officer or further promotional posts therefrom taking into account his seniority in the separate seniority list which is to be drawn up as indicated above. (b) The promotion of any of the appellants to the post of Senior Medical Officer, Chief Medical Officer and further promotional post therefrom will be on par with the promotion of the regularly recruited doctor who is immediately junior to the concerned appellant on the basis of their respective dates of appointment. In other words, if a regularly recruited doctor, on the basis of the seniority list maintained by the department, gets a promotion as Senior Medical Officer or Chief Medical Officer or further promotion thereafter, then the appellant who was appointed immediately earlier to him will also be promoted as a Senior Medical Officer or Chief Medical Officer or further promotion therefrom (as the case may be) with effect from same date. (4) In order that there may be no conflict or any possibilities of reversion, the post to which an appellant will be promoted (whether as Senior Medical Officer or Chief Medical Officer or on further promotion therefrom) should only be to a supernumerary post. Such number of supernumerary posts should be created by the government as may be necessary to give effect to the above directions. No promotion will be given to any of the appellants in the existing vacancies which will go only to the regularly appointed doctors. (5) The appellants hereby agree to give up all monetary claims on account of revision of scales, regularization or promotion to which they would be entitled till October 31, 1991. (6) Apart from the appellants there are certain doctors who fall in the same category but who had not filed writ petitions before the High Court. They have filed directly writ petitions before this Court bearing Nos. 2620- 2659 of 1985 and intervention applications. The intervention applications are allowed and rule nisi is issued in the writ petitions of which the other parties take notice. These interveners and writ petitioner have to be granted the same relief as the appellants. It is made clear that all these applicants and petitioners will be entitled to the same reliefs as the appellants for all purposes of seniority and promotion. All monetary claims on account of revision of scales, regularization or promotion till October 31, 1991 are given up by these applicants and petitioners as well. (emphasis supplied);