Vs. The State of Maharashtra & Ors  INSC 1258 (7 October 1996)
O R D
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.
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.
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 candidate. The petitions, therefore, do not merit interference.
special leave petitions are accordingly dismissed.
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