STATE OF UTTAR PRADESH Vs. R K TANDON

JUDGEMENT

(1.) Delay condoned. Leave granted.

(2.) The State is caught by inaction between deep sea and the devil and it seeks the help of this court for its retrieval to salvage from the predicament. From the record, it is seen that 2056 posts of Provincial Medical Service (PMS) cadre doctors were filled up from 1961-62 onwards by ad hoc appointments for a period of one year or till the regularly selected candidates from Uttar Pradesh public service commission (PSC) are appointed, whichever is earlier. In 1971, the PSC, though made the selection and recommended the names of certain candidates for regular appointment, no appointments were made of those candidates. Similarly, the government had sent requisition in their letter dated 23/12/1977 requesting further selection and the PSC recommended 1703 candidates for appointment. In the meanwhile, some of the ad hoc appointees approached the High court and sought for, and the court directed the regularisation of their services with effect from the dates of their initial appointment, against which orders the State filed appeals in this court. This court in Special Leave Petition (C) No. 13480 of 1992 and batch held that since they had put in more than 20 years of service, denying them 20 years' seniority in service was unjust. Consequently, when the State attempted to regularise the service of all ad hoc employees from their respective dates of appointments, the direct recruits filed writ petitions and the High court directed the government to give effect to the recommendations made by the PSC confining to the candidates who were then serving the State. The State has filed these appeals and seeks to have its predicaments salvaged.

(3.) Now the question is that what would be the just principle to be adopted in determination of inter se seniority of the unselected and selected ad hoc employees? After hearing the learned counsel for all parties, we are of the considered view that a just and fair solution can be reached.