ALOK KUMAR MISHRA Vs. STATE OF U.P

JUDGEMENT

(1.) In all the petitions, similar facts and law are involved and also the similar relief(s) has been prayed for by the applicants/petitioners, therefore, they are being decided collectively by this common order. For the sake of convenience, facts of Writ Petition Service Bench No. 364 of 2011 (Dr. Alok Kumar Singh and others vs. State of U.P. an others) are being taken up for deciding the matter.

(2.) By way of these petitions, the petitioners have prayed for issuing a writ of mandamus directing opposite parties to make payment of salary to the petitioners at par with their regular counterparts during the period the petitioners served prior to 28.02.1992 as has been ordered in the case of - U.P. Anshkalik Chikitsak Sangarsh Samiti vs. State of U.P. and others along with arrears of salary as has been done in the case of Medical Officers (Allopathic) as well as Medical Officers (Homeopathic) and Lecturers in Sanskrit in various Ayurvedic Colleges and also to regularize / absorb the petitioner w.e.f. the date when each of the petitioner had completed three years services and, in any case, at par with the Medical Officers (Homeopathic).

(3.) The factual matrix of the case is that on 14th July, 1987 the State Government issued on order providing that the posts which were lying vacant in various Government Hospitals in the hill region of the erstwhile State of U.P. may be appointed in by appointing Medical Officers belonging to Allopathic, Ayurved and Unani system of medicine against the post of male/female medical officers. A large number of vacancies were available on which M.B.B.S. full time Doctors were required to be filled but as they were not available and since ad hoc /regular appointments on Allopath Doctors was likely to take some time, therefore, in public interest the Government issued the order to appoint part time daily wages MBBS doctors vide Government Order dated 16th August 1985. Since Allopathic (MBBS) Doctors were not available in adequate number the State Government issued Government order dated 28th August 1986 to appoint Ayurvedic and Unani Part-Time daily wage Doctors on the conditions that their services can be terminated without notice and that the same would stand automatically terminated as and when ad hoc regular Allopathic MBBS full time Doctors were posted on the aforesaid posts.