S P KAPOOR JIWAN LAL Vs. STATE OF HIMACHAL PRADESH:STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THESE appeals by special leave are against the common judgment of a Division Bench of the Himachal Pradesh High Court rendered in Writ Petitions Nos. 2 of 1980 and 288 of 1979. They were heard together by us in view of this Court's Order dated 6-11-1980. Writ Petition No. 288 of 1979 was filed by Dr. Jiwan Lal and Dr. (Mrs.) Damyanti Kapur against the State, of Himachal Pradesh. Dr. S. P. Kapoor, Dr. R. M. Bali and Dr. K. Pandeya. Writ Petition No. 2 of 1980, was filed by Dr. R. M. Bali against the State of Himachal Pradesh and eight others including Dr. Jiwan Lal, Dr. (Mrs.) Damyanti Kapur, Dr. S. P. Kapoor and Dr. K. Pandeya, who were respondents Nos. 8, 9, 6 and 7 respectively in the Writ Petition. Dr. S. P. Kapoor, the appellant in C. A. No. 2104 of 1980 is the second respondent in writ Petition No. 288 of 1979 and 6th respondent in W. P. No. 2 of 1980. Dr. Jiwan Lal, the appellant in C. A. No. 2384 of 1980 is the first petitioner in W. P. Number 288 of 1979 and 8th respondent in W. P. No, 2 of 1980.

(2.) WRIT Petition No, 288 of, 1979, challenged the reversion of Dr. Jiwan Lal and Dr. (Mrs.) Damyanti Kapur, the petitioners therein from the post of Deputy Directors of Health Services, as illegal and violative of the conditions of service as also the provisions of the Constitution of India, In WRIT Petition No. 2 of 1980 Dr. R. M. Bali prayed for quashing the seniority of specialists indicated in the Office Memo dated 2-11-1979 and Annexure PX-1 containing the list and for assignment of Serial No. 1 in the seniority list to him. Dr. R. M. Bali prayed for certain other reliefs also including declaration of the appointment of Dr. S. P. Kapoor as Director of Health Services as null and void and for his case being considered for appointment to that post on the basis of the seniority prayed for in his writ Petition.

(3.) THE contention of the Himachal Pradesh Government, the first respondent in W. P. No. 288 of 1979, was that Dr. Jiwan Lal and Dr. (Mrs.) Damyanti Kapur were appointed as Deputy Directors of Health Services on ad hoc basis. THE Deputy Director's post is a selection post which cannot be claimed as of right by persons appointed on ad hoc basis by way of stop-gap arrangement. THE incumbent to the post of Secretary to Government, Health and Family Welfare was on leave from 3rd to 9/11/1979 and the Principal Secretary to then Chief Minister was appointed to function in his place as Secretary to Government in the Departmental Promotion Committee by order dated 3-11-1979. THE constitution of the Departmental Promotion Committee was, therefore, perfectly valid. THE annual confidential reports written by Dr. Grover, who was working on ad hoc basis, were not the only reports taken into account by the Departmental Promotion Committee. That Committee did not take into account the reports of Dr. J. C. Sharma about the work and conduct of Dr. Jiwan Lal and Dr. (Mrs.) Damyanti Kapur. THE post of Director of Health Services was manned on an ad hoc basis since the retirement of Dr. Krishan Swarup in December 1973. THE posts of Deputy Director also were manned on an ad hoc basis. THEse ad hoc appointments were necessitated by the absence of the final seniority list which was prepared only on 2-11-1979 and since that impediment was over on 2-11-1979, the Departmental Promotion Committee met on 3-11-1979 and orders of appointment to those selected by that Committee on that date were issued on the same day. THE promptness in making the regular appointments was necessitated by the intention to make the regular appointment as quickly as possible after the preparation of the final seniority list on 2-11-1979. Specialists are necessarily officers possessing post-graduate qualifications while G. D. Os. Class I are, as a rule, only graduates. THErefore, the rule making authority divided the higher posts equally amongst the Officers of the two categories taking all factors into consideration. THE appointment of Dr. S. P. Kapoor, the second respondent in W. P. No. 288 of 1979, as Director of Health Services is valid. Dr. Jiwan Lal and Dr. (Mrs.) Damyanti Kapur were not Deputy Directors of Health Services on the date of selection of Dr. S. P. Kapoor as Director of Health Services and, therefore, their claim for being considered for promotion to that post is wholly untenable having regard to Rule 9 (3) of the Rules, according to which only Deputy Directors could be considered for promotion to the post of Director of Health Services.