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2007 Supreme(Pat) 1472

MIHIR KUMAR JHA, J.N.BHATT
Madan Mohan Mishra – Appellant
Versus
Union Of India – Respondent


Judgment

Mihir Kr.Jha, J.

1. This application is directed against the order, dated 15.12.2006 passed by the Central Administrative Tribunal (hereinafter referred to as the Tribunal) in O.A. No. 127 of 2006 whereby and whereunder the prayer of the writ petitioner, applicant before the Tribunal, for fixation and payment of salary at the minimum of the pay scale with dearness allowance of Chief Medical Officer was rejected.

2. The writ petitioner, on his own showing, was engaged temporarily on daily wage as Medical Officer Incharge in the Post & Telegraph Dispensary at Chapra on 12.9.2002 on a fixed remuneration of Rs. 5,000/- per month and in this context the Office order issued by the Senior Superintendent of Post Offices, Saran Division, Chapra, dated 11.9.2002 (Annexure-2) clearly sets out the terms of his engagement, which reads as follows: Ad hoc appointed doctor of P&TDispensary, Chapra namely Late Dr. J.N. Prasad has died on 7.9.2002. There is no other doctor posted at P&T Dispensary, Chapra, so both post of M.O.I./C at Chapra P&T Dispensary has fallen vacant. Dr. M.M. Mishra, B.Sc, MBBS, MD, MIMS, FCCP, Physician & specialist in disease of Chest, Clinic & Residence at Sadhanap



















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