i) After going through the contents of the writ petition in question and averments/submission of the DSGMC management and the petitioner as well, I (undersigned) observed that it needs no reiteration that where an appointment of an employee is flagrantly violative of the prescribed Recruitment Rules and thus illegal and invalid in the eyes of law, no substantive right to salary can arise. The right to salary and other statutory benefits spring from a valid and legal appointment to the post and once it is found that the very appointment is illegal and non-est in the eyes of law, no statutory entitlement for salary can arise. In this regard, it will not be out of context to say that the life of patients cannot be put to great risk, and danger in the hands of unqualified Doctors and/or Para-medical staff and it should be the endeavor of the management to provide high quality medical facilities to the patients in its Hospitals/Medical Centers. Hence, in my opinion the petitioner in question is not entitled for benefit of prescribed pay scale corresponding to his post in accordance the notification issued by the DSGMC management vide Office Note bearing No. 17870/1-1 dated 07.12.2016 unless & until it is found that he was eligible and qualified at the time of his initial appointment. This can only be done through Disciplinary proceeding/Inquiry which is reportedly to have already been commenced against the petitioner in question by the DSGMC management. As per information received from the DSGMC management, Show Cause Notice has been issued to the petitioner in question on 19.09.2024 and further action, as deemed fit, is being taken by the Management. However, to safeguard the health of the patients, the DSGMC management has issued Office Order bearing no. 7271/4-2 dated 20.09.2024 to Medical Supdt./Incharge of the concerned Hospital/Polyclincs/Dispensary that till further Orders the Paramedical staff to whom the said Show Cause Notice have been issued, be posted at a place in the same Hospital, Polyclinic and/or dispensary where no direct interaction with the patients and their services involving technical skills are required. However, the petitioner in question is being paid his existing usual pay & allowances. Hence, the question whether the petitioner is entitled to get pay scale in accordance with the aforesaid notification dated 07.12.2016 or not, can only be decided after the completion and outcome of the Disciplinary proceeding/inquiry, which is already in progress.
