1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. Writ Petition No.2062 of 2008 [Dr. S.V. Kamdar Vs. Nagpur Municipal Corporation & another] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Mr. S.V. Manohar, Adv., for the petitioner. Mr. S.M. Puranik, Adv., for respondents. ----- CORAM : B.H. MARLAPALLE AND A.H. JOSHI, JJ. DATE : 13th October,2008. Heard Mr. Manohar, learned Counsel for the Petitioner. Mr. S.M. Puranik, learned Counsel, appears with Mr. C.S. Kaptan for the respondents-Corporation. The petitioner holds the qualification of MBBS, and she came to be appointed by the respondents-Corporation initially as a Locum. As per the order dated 18th October, 1999, she was appointed to the post of Medical Officer on temporary basis under the respondent no.1- Corporation. The petitioner had approached this Court in Writ Petition No. 4019 of 1999, and by an order dated 10th April, 2001, this Court was pleased to direct the Commissioner to appoint a Committee of experts to re-examine the 2 appointment of the petitioner as a Medical Officer and similarly appointed Medical Officers, so as to prepare a list for regular appointments in the prescribed pay-scales. The Corporation had undertaken the recruitment process in which the petitioner also participated, but she was found unsuitable. Despite this, the petitioner was continued on temporary basis more so because there were vacant posts. The Corporation issued an advertisement on 6th May, 2008 inviting applications to appoint doctors on contract basis on a fixed salary of Rs.8,000-00 per month. The petitioner is aggrieved by the said advertisement. The Municipal Corporation has filed its response and states that despite the concession in age, the petitioner was not selected by the Committee and, therefore, she could not be appointed on regular basis. Admittedly, initially, there were twenty posts of Medical Officers and only eighteen could be filled in. As of now, we are informed that the sanctioned strength of Medical Officers is forty-one and only thirty-three Medical Officers have been appointed. Thus, still eight vacancies are to be filled in. 3 Learned Counsel Mr. Puranik, on oral instructions, states that the General Body of the Corporation is likely to meet in the next month and it is expected to take a decision to initiate the process of recruitment to fill in the remaining eight posts of Medical Officers on regular basis, and as of now, the petitioner has been continued on temporary basis. We, therefore, direct the respondents to consider the case of petitioner for appointment to the post of Medical Officer in the regular pay-scale along with other applicants, but by giving relaxation in her age, and all other things being equal, the petitioner be given preference in view of the fact that she has been working with the respondent-Corporation for the last about twelve years. The selection process for the remaining eight posts shall be completed as expeditiously as possible, and the petitioner shall not be replaced by any temporary appointee till the regularly appointed candidates report for duty. Petition is disposed off in terms of above directions. Judge Judge |Hedau| 4