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