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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

filed a detailed counter affidavit.  Paragraphs 12

and 13 of the same read as follows :-

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“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,

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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.