P C AGARWAL Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) THE petitioners pray for writ of certiorari and mandamus. Rule 7 (1) of the U. P. Regularisation of Adhoc Appointment (on posts within the purview of the Public Service Commission) Rules, 1979 be declared ultra vires and violative of Articles 14 and 16 of the Constitution. A mandamus is prayed to command the respondents to fix the seniority of the petitioners with reference to the date of their initial appointment in the Provincial Medical Service and it is prayed that the respondents be directed to place the petitioners as senior to all the doctors appointed subsequent to their date of appointment in the Provincial Medical Service ete. etc.

(2.) THE learned counsel for the petitioners at the outset has submitted that he does net want to press the relief for certiorari challenging the vires of Rule 7 (1) of the U. P. Regularisation on Adhoc Appointment Rules, 1979 but wants to confine his arguments for seeking a prayer of mandamus with regard to fixation of seniority only

(3.) THE petitioners submit that they were appointed initially against substantive vacancies in P.M.S. of the State and since then they have been working against substantive vacancies continuously. THE respondents are said to be obliged to take into account the petitioner's service from their inital appointment for the purposes of determining their seniority. THE petitioners have been treated part and parcel of the service ever since they joined on their posts. THE Medical Officers appointed subsequent to the petitioners cannot be placed senior to the petitioners merely on the ground that they had appeared before the Public Service Commission and they were selected. Such an opportunity was not provided to the petitioners after they were appointed on adhoc basis.