SUSHIL CHANDRA TIWARI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Dr. L.P. Mishra, learned counsel for the petitioners and learned standing counsel for the respondents.

(2.) The petitioners are medical officers, who have prayed for a mandamus that they should be treated as substantively appointed and to reckon their period of services since 1989, prior to the enforcement of the U.P. Employees State Insurance Scheme, Labour Medical Services Rules, 1993 with all service benefits. It is virtually praying for treating their service to be continuous with effect from their date of initial appointment even prior to the enforcement of the Rules.

(3.) The petitioners had been appointed prior to the 1993 Rules, after the services were created under the Government Order dated 10.06.1985. This separate directorate with regard to the labour medical services was brought under the Labour Department of the State Government and it was stipulated that separate Rules would be framed in future. For the time being option was sought from other State Government employees, who were willing to join the said cadre. Fresh appointments were to be made within three years, in the event the employees were not available by way of option.