Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law : Central Health Service Rules 1982 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law :Central Health Service Rules, 1982: Supernumerary-Post-Administrative powers-Conferment a/- Administrative Tribunal held that supernumerary post was different from regular post and did not carry with it administrative powers-Held: This view of the Tribunal cannot be sustained-Hence rejected-Central Health Service Rules, 1963. The appellants were originally appointed as ad hoc group 'B' Doctors under the Central Health Service Rules, 1963. After the first year of service the appellants continued in service in consultation with the Union Public Service Commission. After the Central Health Service Rules, 1982 came into. force the posts were classified as Medical Officers, Senior Medical Officers and Chief Medical Officers. All these Medical Officers were brought under on Group, namely, Group 'A'. Group 'B' was totally abolished. In spite of the appellants making repeated representations for regularisation, the appellants could not get any response from the authorities.The appellants, therefore, filed a writ petition before the High Court for regularisation which was dismissed. However, this Court granted leave and directed that the appellants would be treated as regularised in Group 'A' of the Central Health Service. This Court further directed that the appellants would be promoted only to supernumerary posts.The respondents (directly recruited doctors) filed a petition before the Central Administrative Tribunal claiming that they alone should be given administrative powers. The Tribunal allowed the petition and held that the supernumerary post was different from regular posts and did not carry with it the administrative powers. Hence this appeal. |
Judge | Hon'ble Mr. Justice K. Venkataswami |
Neutral Citation | 1998 INSC 117 |
Petitioner | Union Of India And Anr. |
Respondent | Dr. Akhilesh Chandra Agrawal |
SCR | [1998] 1 S.C.R. 1139 |
Judgement Date | 1998-02-27 |
Case Number | 14747 |
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