Full Judgment Text
http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 1 of 2
PETITIONER:
DR. KISHORE
Vs.
RESPONDENT:
THE STATE OF MAHARASHTRA & ORS.
DATE OF JUDGMENT: 07/10/1996
BENCH:
K. RAMASWAMY, G.B. PATTANAIK
ACT:
HEADNOTE:
JUDGMENT:
O R D E R
The petitioner was appointed on temporary basis de
hors the rules as Medical Officer in Class III post on
February 28, 1990 for a period of three months And it was
extended from time to time. Apprehending termination of his
service he filed Writ Petition No.2661/90 in the High Court
of Bombay at Nagpur The High Court had transferred the
matter to the Administrative Tribunal. In T.A. No.3559/92,
the Tribunal by order dated September 15, 1993 directed
that the petitioner may be allowed to continue until the
duty selected candidates by the Selection Board or
Maharashtra Public Service Commission were available and
appointed, his continuance in service was only on ad hoc
basis without confirment of any right including the
requirement of notice before terminating the service; at
best, he would be entitled to be considered along with other
candidates and as soon as the duly selected candidate is
appointed, his service was liable to be terminated even
without notice. By proceedings dated January 4, 1994 one Dr.
S.S. Solanki, Medical Officer, Class III who was selected by
the Public Service Commission was posted by transfer at his
request in place of the petitioner. The petitioner has
challenged the order of termination in OA No.400/95 and the
Tribunal in the impugned order dated April 12, 1996
dismissed the petition. Thus, these special leave petitions.
It is contended by learned counsel for the petitioner
that since vacancies are existing the appointment of
Dr.Solanki by transfer could not be used as a means to
terminate the service of the petitioner. We fail to
appreciate the contention. It is fairly agreed by the
learned counsel that the petitioner has no right to the post
and as soon as a duly selected candidate is posted in his
place, he has to give place to the duly selected candidate.
But his contention is that since Dr. Solanki was selected
earlier to the order passed by the Tribunal and had been
appointed on his transfer, it cannot be used as a means to
terminate the services of the petitioner. His contention
absolutely has no force. As soon as the duly selected
candidate is posted, whether directly by transfer,
necessarily the petitioner has to give place to such 3
http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 2 of 2
candidate. The petitions, therefore, do not merit
interference.
The special leave petitions are accordingly dismissed.