Dr. Saiyad Ghazanafar Ishtiaque Vs. State of Madhya Pradesh and others

Madhya Pradesh High Court (Single Judge)

WRIT PETITION, 8197 of 2016, Judgment Date: Jun 02, 2018

Law laid down -

1. Once the petitioner appointed on the post of Unani Chikitsa Adhikari under Rule 6 of Madhya Pradesh Health Services (Recruitment) Rules 1967, which gives power to the State Government to appoint a person without consultation with Madhya Pradesh Public Service Commission and said power is duly endorsed by Rule 3 of Madhya Pradesh Public Service Commission (Limitation of Functions) Regulations, 1957 then the said appointment of petitioner would be treated as regular appointment.
2. Once the petitioner appointed on the post of Unani Chikitsa Adhikari on 03.05.1984 and regularized on 27.03.1987 by the effect of Rule 5 of Madhya Pradesh Regularization of Adhoc Appointment Rules, 1986 then his services shall be considered for the benefits of third Higher Time Pay Scale from the date of initial appointment.

3. Appointment of an employee cannot be termed dehors the recruitment rules if his appointment is as per Rule 6 of Madhya Pradesh Health Services (Recruitment) Rules, 1967 as well as under the Rule 3 of Madhya Pradesh Public Service Commission (Limitation of Functions) Regulations, 1957.

Dr. Saiyad Ghazanafar Ishtiaque Vs. State of Madhya Pradesh and others

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