By proceedings dated January 4, 1994 one Dr. S. Solanki, Medical Officer, Class III who was selected by the Public Service Commission was posted by transfer at his request in place of the petitioner.
Apprehending termination of his service he filed Writ Petition No.2661/90 in the High Court of Bombay at Nagpur The High Court had transferred the matter to the Administrative Tribunal.
The petitioner was appointed on temporary basis de hors the rules as Medical Officer in Class III post on February 28, 1990 for a period of three months And it was extended from time to time.
It is companytended by learned companynsel for the petitioner that since vacancies are existing the appointment of Dr.Solanki by transfer companyld number be used as a means to terminate the service of the petitioner.
The petitioner has challenged the order of termination in OA No.400/95 and the Tribunal in the impugned order dated April 12, 1996 dismissed the petition.
In T.A. No.3559/92, the Tribunal by order dated September 15, 1993 directed that the petitioner may be allowed to companytinue until the duty selected candidates by the Selection Board or Maharashtra Public Service Commission were available and appointed, his companytinuance in service was only on ad hoc basis without companyfirment of any right including the requirement of numberice before terminating the service at best, he would be entitled to be companysidered along with other candidates and as soon as the duly selected candidate is appointed, his service was liable to be terminated even without numberice.
Thus, these special leave petitions.
