Judgement

PATTANAIK, J. :- Leave granted in S. L. P. (C) No. 18846/99.

2. The determination of inter se seniority between the two categories of doctors engaged by the Railway Administration is the subject-matter of dispute in these batch of cases. It would be necessary to state the facts in a greater detail in view of the chequard history of the case. Prior to 1986, normal recruit to the post of Assistant Medical Officers under the Railway Administration was being made through a process of selection by the Union Public Service Commission. There was no statutory rule framed for the purpose of recruitment. Government of India in the Ministry of Railway through the Railway Board had, however, permitted the General Managers to recruit Assistant Medical Officers in Class II on ad hoc basis for a period not exceeding six months and such power had been conferred in the public interest as the process of selection through Union Public Service Commission was taking some time. The ad hoc recruits, however, were advised to apply to Union Public Service Commission in response to the advertisement to be issued by the Commission for getting regular appointment. The administrative instructions dated