STATE OF UTTAR PRADESH Vs. R K TANDON

JUDGEMENT

(1.) I. A. Nos. 16-20 etc. etc. in C. A. 4438-42/95.

(2.) This is second instalment and we hope it to be the last instalment of the unending litigation. This Court by order dated March 23, 1995 disposed of a batch of cases relating to the appointment of ad hoc doctors in U. P. Provincial Medical and Health Service. Pending making of the rules, ad hoc appointments came to be made and the doctors who were already working in Medical and Health Departments were given options to come to this Department. As a result thereof, all of them had opted to come to this Department. Admittedly, the posts are governed by the PSC recruitment and appointments thereto are made. Consequently, all of them remained on ad hoc basis de hors the rules right from 1961-62 onwards and some of them had retired. Some of the doctors had gone to the Court and obtained relief of regularisation of their services from the respective date of appointments which became final. The recruitment through the PSC came to be made on two occasions, viz., in 1972 and 1974. When there was an inter se dispute between the candidates selected by the PSC and ad hoc doctors, the dispute ultimately came to this Court and this Court directed the State Government to adopt a fair procedure so as to avoid further litigation in the matter. This Court stated in the order as under:

(3.) These I. As. came to be filed for the reason that though their special leave petition was posted along with other batch of cases, admittedly, the petitioners-appellants had not been served. Consequently, they initially filed these I. As. for review which we have directed to be heard in the Court. Accordingly, the cases have been posted today.