PRABHA SHANKAR PANDEY Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the parties and perused the record.

(2.) The petitioner was initially appointed as temporary P.M.S. (Provincial Medical Service) Officer against a substantive vacancy on 8.10.1963 and worked on the said post continuously for more than 20 years. Thereafter, his services were regularized. However, his services were not counted while fixing his seniority. Aggrieved the petitioner along with other doctors filed writ petitions before the High Court which were disposed of on 18.11.1987 with a direction to the State Government to decide their representations. Pursuant thereto the petitioner filed his representation, which was rejected vide order dated 6.9.1988.

(3.) The aforesaid order dated 6.9.1988 was challenged in Civil Misc. Writ Petition Nos. 20408 of 1988 ( Dr. H.C. Mathur versus State of U.P. and others), Civil Misc. Writ Petition No. 1458 of 1989 ( Dr. P.L. Nigam and another versus State of U.P. and others) and Civil Misc. Writ Petition No. 6331 of 1989 (Dr. Jagdish Narain Rai versus State of U.P. and another), which were allowed vide judgment and order dated 26th April, 1991 quashing the order dated 6.9.1988. The Court directed the respondent-authorities to fix the seniority of the petitioner and other similarly situated doctors from the date of their initial appointment in the P.M.S. cadre and with all service benefits after fixing their seniority. Pursuant to the aforesaid directions, the petitioner claimed to be entitled to seniority, re-fixed from the date of initial appointment and promotion to higher post with effect from the date juniors to him in service had been promoted. He claims that he was also entitled to receive arrears of salary and other financial benefits.