n Civil No 822 of 1987 etc
Under Article 32 of the Constitution India
Gobind Mukhoty PP Rao MC Bhandare Surya Kant V Shekhar MA Chinnaswamy CK Sucharita Ms Malini Poduval Raj Kumar Gupta PC Kapur and SS Tewari for the Petitioners
DN Dwivedi RB Mishra Ashok Kumar Sharma Ms A Subhashini YP Rao BD Sharma Shrinath Singh and KK Gupta for the Respondents
Supreme Court Editorial Note Statement of Facts The petitioners in their Writ Petitions under Article 32 of the Constitution challenged the action of the Respondents in terminating their services as ad hoc  Assistant Medical officers on the plea that they were ad hoc  appointees and replacing them by freshly recruited Assistant Divisional Medical officers and prayed for the issue of a direction to the Respondents to treat the appointments of the petitioners as regular with effect from the dates of their respective appointments as ad hoc  Assistant Medical officers and to assign them consequent seniority in the grades
It was contended by the petitioners that they were appointed as ad hoc  Assistant Medical officers Class II during the period August 1983 to July 1986 in the South Eastern North East Frontier and Northern Zones of the Indian Railways and had been officiating in the said grade for periods ranging upto four years
Although the initial appointments were for a period af six months the respondents had extended their tenure from time to time
Instead of regularising the services of the petitioners and conferring the benefits of seniority the respondents had threatened to terminate their services as and when the UPSC selected Assistant Divisional Medical officers and they joined the service
In the South Central Zone of the Railways the petitioners contended that the Respondents had in fact by an order No 45086 dated 11111986 terminated the services of eleven officiating ad hoc  Assistant Medical officers as they had not availed of the three chances stated in their appointment order for selection through UPSC
It was alleged that neither the Indian Railways Medical Department Assistant Medical officers Class II Recruitment Rules 1977 nor the earlier Rules of 1967 provided for ad hoc  appointment 337 Of Assistant Medical officers and that the Respondents exercised the powers to relax the Rules conferred by Rule 8 of the 1967 Rules and Rule 6 of the 1977 Rules as it was inevitable to prevent dislocation of medical services on the Railways and alleviation of hardship to the employees and their families
These petitions were contested by the Respondent
In the counter effidavit filed on behalf of the Union of India it was contended that the petitioners belonged to the category of ad hoc  doctors who were appointed by the General Managers of the concerned Zonal Railways under their powers and not by the President of India purely as a temporary measure for a specified period that such ad hoc  appointments became unavoidable in the Railways and were resorted to to tide over temporary shortage of professional doctors and that these ad hoc  doctors  tenures were extended for various periods from time to time
It was further contended that the recruitment of regular doctors on the Railways was done in the capacity of Assistant Divisional Medical officer Group A  in the scale of Rs700 1600 through the Union Public Service Commission as the posts belonged to Group A  for which the appointing authority was the President of India
It was also submitted that the General Managers of the Zonal Railways were empowered to recruit ad hoc  doctors as Assistant Medical officers Group B  in the scale of Rs650 1200 purely on ad hoc  basis for a specified period to maintain the Railways Medical Service till replacement by Assistant Divisional Medical officers selected through the UPSC
The Combined Medical Services Examination was introduced by the UPSC in the years 1977 and from 1977 to 1983 maximum age relaxation upto 40 years or even SO years was granted from time to time to enable the said ad hoc  doctors on the Zonal Railways to avail themselves of the opportunity of appearing in the Combined Medical Services Examination
In addition the UPSC held two Special Selections based on interview only with sufficient relaxation in the years 1982 and 1985
In these two special selections held in 1982 and 1985 100 and 67 ad hoc  doctors respectively of the Railways were selected and absorbed in the regular cadre
The petitioners who were still ad hoc  doctors in the Zonal Railways were thus those doctors who either failed to appear in the Combined Medical Services Examination held by the UPSC or after appearing had failed
Having failed to get regularised in accordance with the prescribed rules and regulations for regular appointments the petitioners services had to be terminated and as such there had been neither any arbitrary nor illegal action on 338 the part of the respondents nor any violation of the Fundamental A Rights guaranteed under Articles 14 and 16
The following order of the Court was delivered After hearing learned counsel for the parties at great length having regard to the peculiar facts and circumstances of these cases we pass the following order in the above writ petitions 1
The services of all doctors appointed either as Assistant Medical officers or as Assistant Divisional Medical officer on ad hoc basis upto 1101984 shall be regularised in consultation with the Union Public Service Commission on the evaluation of their work and conduct on the basis of their confidential reports in respect of the period subsequent to 1
101982
Such evaluation shall be done by the Union Public Service Commission
The doctors so regularised shall be appointed as Assistant Divisional Medical officers with effect from the date from which they have been continuously working as Assistant Medical officerAssistant Divisional Medical officer
The Railway shall be at liberty to terminate the services of those who are not so regularised
If the services of any of the petitioners appointed prior to 1 1084 have been terminated except on resignation or on disciplinary grounds he shall be also considered for regularisation and if found fit his services shall be regularised as if there was no break in the continuity of service but without any back wages
The Petitions of the Assistant Medical officerAssistant Divisional Medical officers appointed subsequent to 1101984 are dismissed
But we however direct that the Assistant Divisional Medical officers who may have been now selected by the Union Public Service Commission shall first be posted to the vacant posts available wherever they may be
If all those selected by the UPSC cannot be accommodated against the available vacant posts they may be posted to the posts now held by the doctors appointed on ad hoc basis subsequent to 1
101984 and on such posting the doctor holding the post on ad hoc basis shall vacate the same
While making such postings the principle of last come first go  shall be observed by the Railways on Zonal basis
If any doctor who is displaced pursuant to the above direction is wiling to serve in any other Zone where there is a vacancy he may be accommodated on ad hoc basis in such vacancy
All Assistant Medical officersAssistant Divisional Medical officers working on ad hoc basis shall be paid the same salary and 339 allowances as Assistant Divisional Medical officers on the revised scale with effect from 111986
The arrears shall be paid within four months
No ad hoc Assistant Medical officerAssistant Divisional Medical officer who may be working in the Railways shall be replaced by any newly appointed AMOAMO on ad hoc basis
Whenever there is need for the appointment of any AMOADMO on ad hoc basis is any Zone the existing ad hoc AMOADMOs who are likely to be replaced by regularly appointed candidates shall be given preference
If the ad hoc doctors appointed after 1101984 apply for selection by the Union Public Service Commission the Union of India and the Railways Department shall grant relaxation in age to the extent of the period of service rendered by them as ad hoc doctors in the Railways
All the Writ Petitions are disposed of in the above terms
PSS Petitions disposed of


Summary:
Services of all doctors appointed as Assistant Medical Officers Assistant Divisional Medical officers on ad hoc basis upto 1101984 shall be regularised in consultation with the Union Public Service Commission
The doctors so regularised shall be appointed as Assistant Divisional Medical officers from the date from which they have been continuously working
338C D 2
The petitions of the officers appointed subsequent to 1101984 are dismissed
However the Assistant Divisional Medical Offficers who have been selected by the Union Public Service Commission shall first be posted to the vacant posts available
If all those selected by UPSC cannot be accommodated they may be posted to the posts now held by the doctors appointed on ad hoc basis subsequent to 1101984
While making such postings the principle of last come first go  shall be observed
The doctors so displaced if willing to serve in any other zone where there is a vacancy may be accommodated in such vacancy on ad hoc basis
338E G 3
All Assistant Medical OfficersAssistant Divisional Medical Officers working on ad hoc basis shall be paid the same salary and allowances on the revised scale with effect from 111986
338H 339A 4
No ad hoc Assistant Medical officerAssistant Divisional Medical officer who may be working in the Railways shall be replaced by any newly appointed Assistant Medical officerAssistant Divisional Medical officer on ad hoc basis
333B 5
If the ad hoc doctors appointed after 1101984 apply for selection by the Union Public Service Commission necessary relaxation in age to the extent of the period of service rendered shall be granted
339C 336