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Allahabad High Court
Dr. Ajay Pratap Singh And Ors. vs State Of U.P.Through The Prin. ... on 10 August, 2010
Court No. - 27

Case :- SERVICE BENCH No. - 1082 of 2010

Petitioner :- Dr. Ajay Pratap Singh And Ors.
Respondent :- State Of U.P.Through The Prin. Secy. Deptt. Of Medical
Petitioner Counsel :- Sandeep Dixit
Respondent Counsel :- C.S.C

Hon'ble Devi Prasad Singh,J.

Hon'ble Vedpal,J.

Heard learned counsel for the petitioner and learned counsel for the respondents.

With the consent of parties, this petition is being disposed of at the admission stage.

Petitioner is working as Medical Officer(Homeopathy) on temporary/contract basis against regular vacancies. Government had notified the vacancies to Public Service Commission but till date the vacancies have not been filed up by regular selection.

Submission of petitioners' counsel is that a person who is working on contract/temporary basis cannot replaced by another ad-hoc and the same can be filled up only through regular selection. It was incumbent upon the State Government not to replace adhoc/temporary incumbent and a regular vacancy occupied by temporary employees should be filled up by regular incumbent in accordance with service rules.

Hon'ble Supreme Court from time to time held that the State Government should not to create or maintain adhocism in the Government services. In the bunch of the writ petition interim orders have been passed providing that identically situated persons shall continue with their service till the regular selection is done for the post in question. Standing counsel does not dispute that the petitioner is working on regular vacancies and his services are required for the purpose.

In pursuance of the interim order passed by this court in bunch of writ petitions the State Government has issued dated 16.12.2009, Annexure-14 to writ petition providing that a contractual appointment shall continue till regularly selected candidate joins or till the matter is adjudicated by this Court.

we are of the view that in case vacancies are regular in nature then the vacancies should be filled up trough regular incumbent expeditiously in accordance with service rule. The Public Service Commission directed to fill up the vacancies at earliest from the open filed so that the adhocism may not prevail in the PMHS cadre of the State. Whether it is contractual appointment or short term adhoc appointment or temporary appointment, in case such appointment is done against the regular vacancies and there is no complaint against the persons so appointed and incumbent is discharging his duties then such appointees should be permitted to continue in service without break till a regularly selected candidate joins.

Keeping in view the Government order dated 16.12.2009 as well as principal of law settled law long back by Hon'ble Supreme Court, we direct the respondent State as well as U. P. Public Service Commission to fill up the vacancies expeditiously and permit the petitioner to continue in service till regular selectees joins. We hope and expect that keeping in view necessity and element of public service involved in the medical filled to serve the people the State shall take immediate steps to fill up all the regular vacancies in PMHS services in accordance with rules expeditiously.

Subject to the above directions, writ petition is disposed of finally.

Order Date :- 10.8.2010 Mahesh