S N CHUGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This matter has a chequered and long history. The petitioner Dr. S.N. Chugh was transferred as a Lecturer to the Government Medical College, Rohtak on 31st October, 1980 on ad hoc basis. His services were regularised as a Lecturer w.e.f. Ist Decemeber, 1983, vide order dated 16th August, 1989. The petitioners, thereafter, filed a suit for mandatory injunction against the State Government and the Medical College, Rohtak, on 7th October, 1991 seeking an order that his ad hoc services be taken into account while determining his seniority. Dr. Nitya Nand-respondent No. 3 got himself impleaded as a defendant in the suit and filed a counter claim challenging the very transfer of Dr. Chugh to the Government Medical College, Rohtak.

(2.) The trial Court after hearing the parties by its order dated 23rd March, 1994 on an application made under Order 39 Rule 2 C.P.C. directed as under :-

(3.) It is the conceded position that as a consequence of the order of the trial Court in the application under Order 39 Rule 2-A of the C.P.C. as affirmed by the learned lower Appellate Court, the State Government issued order dated 4th April, 1996 in the following terms :-