SABHAJEET SINGH AND OTHERS; ANAND KUMAR BHARADWAJ & 28 ORS Vs. STATE OF U P THROUGH PRINCIPAL SECRETARY MEDICAL AND HEALTH LUCKNOW AND OTHERS

JUDGEMENT

(1.) Writ Petition No. 1482 (SB) of 2015 (hereinafter referred to as, 'First Writ Petition') has been filed by five petitioners, who have already retired from the post of Medical Officer, Level IV, working in U.P. Medical and Health Department. The date of appointment of petitioners and their date of retirement is given in the following chart:-

(2.) In 1978, Governor of Uttar Pradesh, in exercise of powers under proviso to Article 309 of Constitution of India promulgated "U.P. Government Doctors (Allopathic) Restriction on Private Practice Rules, 1978" (hereinafter referred to as, 'Rules, 1978'). These Rules were applicable to all Government Doctors whether working as teachers in State Medical Colleges or in Government Hospitals being part of Provincial Medical Services. Validity of these Rules was challenged and negatived in Dr. Y. K. Singh and others Vs. State of U.P. and others, (1982) AIR Allahabad 439.

(3.) Rules 1978 were replaced by "U.P. Government Doctors (Allopathic) Restriction on Private Practice Rules, 1982" (hereinafter referred to as, 'Rules, 1982') published vide notification dated 31.10.1982 but within a week, same also stood superseded and replaced by "U.P. Government Doctors (Allopathic) Restriction on Private Practice Rules, 1983" (hereinafter referred to as, 'Rules, 1983'). The aforesaid rules came into force on 01.09.198