1 srk IN THE HIGH COURT OF JUDICATURE AT BOMBAY Appellate Side Civil Writ Petition No.5134 of 2001 With Civil Application No.2204 of 2009 Dr.Subir Subhas Roy, working as Dental Surgeon at Central Government Health Scheme Polyclinic, Commerce House, Ballard Estate, Mumbai 400 001 residing at CRESCENT, Pali Hill Road, Khar, Mumbai 400 052. Petitioner Vs. 1. Union of India, through the Secretary in the Ministry of Health & Family Welfare, Nariman Bhavan, New Delhi. 2. Director of Health Services, Nirman Bhavan, New Delhi. 3. Addl. Director General, Central Government Health Scheme, Directorate of Health Services, United India Building, 2nd Floor, Sir P.M. Road, Fort, Mumbai 400 001. 4. Union Public Service Commission, Dhoulpur House, Aurangjeb Road, New Delhi 110 001. Respondents Mr.Sandeep Marne for petitioner. Mr.Avinash D. Kango with Mr.G. Hariharan and Mr.N.R. Prajapati i/b. Mr.H.D.Chaturvedi for resp.nos. 1 to 3. 2 CORAM: B.H.MARLAPALLE & SMT.ROSHAN S. DALVI,JJ. September 4, 2009. ORAL JUDGMENT (PER B.H.MARLAPALLE,J.) 1. This petition filed under Article 226 of the Constitution impugns the judgment and order dated 26/9/2001 rendered by the Central Administrative Tribunal, Mumbai Bench in O.A. No. 1092 of 1998. The Original Application came to be dismissed and thus the petitioner had failed in his prayer for regularisation. The petitioner was recruited on 1/4/1986 as Dental Surgeon but on ad-hoc basis and though the services of about 162 doctors appointed on ad-hoc basis came to be regularised as per the order passed by the respondent on 27/9/1994, his case for regularisation was not considered. After this petition was admitted, this Court passed an order on 14th February 2008 and directed the respondent no.3 to send the service record of the petitioner to the Union Public Service Commission so as to obtain the opinion of the said Commission for regularisation of the petitioner’s service. The petitioner has filed Civil Application No.2204 of 2009 praying for disposal of the petition with a direction to the respondents to issue the final order on the basis of the opinion dated 21st May 2009 of 3 the UPSC and received by the Secretary to the Government of India, Ministry of Health and Family Welfare, New Delhi. As per the said communication the Commission on assessment of the suitability of the petitioner has found him to be fit for regular appointment to the post of Dental Surgeon under th Ministry of Health and Family Welfare and in the pre-revised pay scale of Rs.8000-275-13500. The affidavit-in-reply filed by Dr. V.P.S. Bhatia, Additional Director under the Central Government Health Scheme has also annexed the opinion of the UPSC. We, therefore, direct the respondent no.2 to issue the final order in favour of the petitioner on the basis of the opinion of the UPSC as referred to hereinabove as expeditiously as possible and in any case before 15th October 2009. 2. So far as the relief for regularisation with effect from 1994 along with 162 Dental Surgeons is concerned, the petitioner is at liberty to submit a representation in that regard which shall be considered by the respondents on its own merits and preferably within a period of eight weeks from its receipt. 3. The petition is disposed off in terms of the above directions. Rule is made absolute accordingly, with no order as 4 to costs. 4. Civil Application does not survive and the same stands disposed. (SMT.ROSHAN S. DALVI,J.) (B.H.MARLAPALLE,J.)