KIRPAL RAM MATHUR Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Leave granted.

(2.) Aggrieved by the order dated 10-12-1998 (Annexure P-7) passed by respondentNo. 1, the appellant herein filed a writ petition in the High Court challenging the fixation of his seniority by showing respondent No. 4 as senior than him. Finding no merit, the High Court dismissed the petition filed by the appellant vide the order impugned in this appeal. Alleging that the order of the High Court was against law and the Uttar Pradesh Regularisation of Ad-hoc Appointments (on Posts within the purview of the Public Service Commission) Rules, 1979, (hereinafter referred to as "the Rules") the appellant has contended that the order of the Government (Annexure P-7) and the impugned judgment of the High Court are liable to be set aside.

(3.) The facts leading to the filing of the present appeal are that the appellant and the respondent No. 4, along with others, appeared at the interview held by the Selection Committee appointed by the respondent No. 1 for the ad-hoc appointment on the post of Lecturers in Pathology in the State Medical Colleges of Uttar Pradesh. He claimed that as he was higher in merit and ranking than the respondent No. 4, his appointment letter No. 3496-Sec. 5-RA-18-84/Medical Sec. I U. P. Govt. dated 4-5-1984 was issued and as respondent No.4 was allegedly lower in merit, letter of appointment No. 3497-Sec5-RA-18-84/Medical Sec. I.U.P. Govt. dated 4-5-1984 was issued in his favour. Issuance of letter bearing No. 3496 being first in time than the letter No. 3497 issued in favour of respondent No. 4 is stated to be the reflection of the merit determined by the Selection Committee after the interview.