Dr P Hema Mythily vs The State Of Karnataka on 7 March, 2023
33. In service matters, public interest must
essentially mean the interest of the employer, and a
useful reference could be made to the enunciation by
96
the Delhi High Court that, "public interest vis-a-vis a
government servant would normally be the interest of the
government"27. If certain Dental Health Officers are
brought on deputation when GDC was not registered as
an autonomous institution and if some of these officers
are absorbed [the reference is to the absorption of 21
Dental Health Officers in the month of August 2008.],
and insofar as the other officers on deputation, a
persistent request is made by GDC for absorption over a
period of two years citing a possible de-recognition [or a
reduction in seats] as the reason, this Court is
persuaded to opine that the dominant hue in the
decision to absorb will be that of public interest viz., the
interest of GDC. This is better emphaised when
examined in the contrasting position. The absorption
would dominantly be on request when a few officers on
their own initiative, and for their own reasons, have
submitted a representation for absorption. Therefore, it
27 T.P. Mahajan v. Union of India and others - 1977 SCC Online
Delhi
97
is opined that the absorption of Dr M Kalavathi and Dr.
Hema must be construed as being in public interest, and
because Dr. M Kalavathi's absorption is not challenged,
their absorption can be disturbed, and their right to
previous service on deputation for the purposes of
seniority cannot be denied if it is shown that they were
equally circumstanced and duly qualified as on the date
of their deputation.