N. Srinivas Goud vs The State of Telangana Principal Secretary Health Medical and Family Welfare Department

NON-REPORTABLE

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO(S). 6653 OF 2018 [@ SPECIAL LEAVE PETITION (C) NO. 6515 OF 2018]

N. SRINIVAS GOUD Appellant (s)

VERSUS

THE STATE OF TELANGANA & ORS. Respondent(s)

J U D G M E N T

KURIAN, J.

1. Leave granted.

2. The appellant is aggrieved since he was not

appointed as a Multipurpose Health Assistant (Male),

pursuant to a selection conducted in the year 1999.

It is seen from the counter affidavit that the

appointment could not be done on account of some

other pending litigations.

3. When the matter came up to this Court, on

23.03.2018, we directed the second respondent to

submit a report as to whether there is any vacancy

available in the post of Multipurpose Health

Assistant (Male) in the District of Nizamabad.

4. Pursuant to our order, the second respondent has Signature Not Verified

filed a detailed counter affidavit. Paragraphs 12 Digitally signed by JAYANT KUMAR ARORA Date: 2018.07.16 16:30:08 IST Reason:

and 13 of the same read as follows :- 2

“12.Due to the reasons mentioned at Para (11) above, Contesting Respondent No. 4 (rank No. 13) who got appointment as Multi-Purpose Health Assistant (Male) though he acquired the required qualification from Institute of Public Health and Hygiene, New Delhi is still continuing in service without regularization of service. It is further submitted that the Petitioner herein was appointed on contract basis as Multi Purpose Health Assistant (Male) from 29.05.2003 onwards and he is still continuing. A true copy of appointment letter of the Petitioner on contract basis dated 29.05.2003 issued by District Medical and Health Officer is annexed herein and marked as Annexure R-9.

13. With regard to the vacancy position it is submitted that, on the date of counselling i.e. during 1999, all the notified vacancies of MPHA (Male) of BC-B roaster were filled up with the available candidates.

However, at present vacancies of MPHA (Male) are available in Nizamabad district.”

5. Ms. Bina Madhavan, learned counsel appearing for

the respondents, submits that the notified vacancies

have been filled up. But the fact remains that the

appellant could not be appointed only on account of

some other pending litigations. It is also a fact, 3

as can be seen from the affidavit, that the appellant

has been working on contract basis since 2003 and

that there are lots of vacancies available as of now.

6. Having regard to the entire facts and

circumstances of the case, as stated in the detailed

counter affidavit, we are of the view that it is only

in the interest of justice and for doing complete

justice that the appellant be adjusted against any

one of the vacancies now available and appointed as a

Multipurpose Health Assistant (Male). Ordered

accordingly. This may be done by the competent

authority within a period of two months from today.

We make it clear that this Judgment is rendered in

the peculiar facts of this case and the same may not

be treated as a precedent.

7. In view of the above, the impugned Judgment of

the High Court is set aside and the appeal is

allowed.

.......................J. [ KURIAN JOSEPH ]

.......................J. [ SANJAY KISHAN KAUL ]

New Delhi;

July 13, 2018.