Case Note & Summary
This case arose from a service dispute concerning regularisation of a temporary Medical Officer in Central Government Health Scheme. The respondent was appointed temporarily on a monthly basis on 10 August 1982. He continued in service until his services were terminated in August 1987. Aggrieved by the termination and seeking regularisation, he approached the Central Administrative Tribunal by filing OA No. 701 of 1989. The Tribunal by order dated 21 December 1994 directed Union of India to regularise the respondent's service in consultation with the Public Service Commission. Union of India appealed by special leave, contending that the post of Medical Officer in Central Government Health Scheme is required to be filled by recruitment through Union Public Service Commission under statutory rules and Article 320 of the Constitution, and therefore the Tribunal could not direct regularisation in that manner. Before the Supreme Court, the respondent relied on Jacob M. Puthuparambil v. Kerala Water Authority to support regularisation in consultation with the Public Service Commission. The Court distinguished that case, holding that where recruitment is prescribed through the Public Service Commission under statutory rules, that procedure cannot be bypassed by any direction for regularisation. The Court followed J & K Public Service Commission v. Dr. Narinder Mohan, which held that ad hoc or temporary appointees cannot claim regularisation de hors recruitment rules. It also noted the similar view in Union of India v. Dr. Arun Kumar Sharma. The Court held that the direction was in violation of statutory rules and Article 320. The only lawful course is for Union of India to notify vacancies to Union Public Service Commission, which will conduct recruitment open to all eligible candidates including the respondent. The respondent can apply and be considered on merit. If barred by age, Union of India may consider relaxation to the extent of temporary service rendered. Accordingly, the appeal was allowed, the Tribunal order was set aside, and no order was made as to costs.
Headnote
A) Service Law - Regularisation of Temporary Appointees - Recruitment through Public Service Commission - Constitution of India, Article 320 - The Central Administrative Tribunal directed regularisation of a temporary Medical Officer in Central Government Health Scheme in consultation with Public Service Commission - The Supreme Court held that such direction violated statutory recruitment rules and Article 320; the only lawful mode is recruitment through Union Public Service Commission open to all eligible candidates, and temporary service confers no right to regularisation - Held that the appeal is allowed and Tribunal order set aside, with liberty to respondent to apply in regular selection and age relaxation to be considered to the extent of temporary service rendered. B) Service Law - Precedent - Regularisation Cannot Bypass Recruitment Procedure - Constitution of India, Article 320 - The respondent relied on Jacob M. Puthuparambil v. Kerala Water Authority for regularisation in consultation with Public Service Commission - The Supreme Court clarified that where recruitment is statutorily prescribed through Public Service Commission, no direction can bypass that procedure; the precedent did not intend to permit regularisation de hors statutory recruitment rules - Held that the respondent cannot claim regularisation and must compete in Union Public Service Commission selection. C) Service Law - Age Relaxation - Direction for Consideration - Constitution of India, Article 320 - The Court directed that if the respondent is barred by age for fresh recruitment, Union of India shall consider necessary relaxation to the extent of temporary service rendered - Held that this safeguard protects the respondent's opportunity to apply without conferring regularisation.
Issue of Consideration
Whether the Central Administrative Tribunal could direct regularisation of a temporary Medical Officer in Central Government Health Scheme in consultation with Public Service Commission without recruitment through Union Public Service Commission under Article 320 of Constitution of India and statutory rules; whether earlier direction in Jacob M. Puthuparambil v. Kerala Water Authority permits such regularisation
Final Decision
Appeal allowed; Tribunal order set aside; respondent may apply for selection through Union Public Service Commission; if age-barred, Union of India to consider relaxation to extent of temporary service; no costs.
Law Points
- Recruitment to Central Government Health Scheme medical posts must be through Union Public Service Commission under Article 320 of Constitution and statutory rules
- temporary appointee cannot be regularised by tribunal direction
- regularisation cannot bypass prescribed recruitment procedure
- age relaxation may be considered for temporary service rendered
