A
DR. (CAPT.) AKHOURI RAMESH CHANDRA SINHA ETC.
v.
-r
THE STATE OF BIHAR AND ORS. ETC.
..;
JANUARY 2, 1996
B
[K. RAMASWAMY AND G.B. PATTANAIK, JJ.]
Servicelaw:
Seniority-Temporary appoint1nent during National E1nergency--
c Commissioned Officer-After discharge appointed on regular basis as Civil
Assistant Surgeon-Whether entitled to count seniority from date of tempo-
rary appointment in the Anny-Held entitled to.
CIVIL APPELLATE JURISDICTION: Civil Appeal No. I578 of 1996
Etc.
D
From the Judgment and Order dated 19.8.94 of the Patna High Court
in C.W.J.C. No. 7049 of 1993.
R.K. Jain and Akhilesh Kr. Pandey for the Appellants.
E
Altaf Ahmed, Additional Solicitor General Basudeya Prasad, Ajit Kr.
Sinha, Anil K. Jha, Rudreshwar Singh, R.P. Wadhwani and A.P. Madh for
the Respondents.
The Order of the Court was delivered :
F
Leave granted.
We have heard the counsel on both sides. These appeals by special
leave arise from the judgments of the Division Bench of the Patna High Court
in CWJC Nos. 7049/93 and 1801/90 made respectively on August 19, 1994
G
and December 6, 1994. The question is vexed inter se seniority of the
appellant. and the respondent-employees in these cases. The appellant was
-
admittedly appointed on temporary basis in March 1966 and thereafter he
,.
was drafted as a Commissioned Officer and served in the Army in defence
of the country in national _emergency. After discharge from the Army, he was
H appointed on regular basis on September 6, 1966. The respondent-employees
20
A.R.C. SINHA (DR) (CAPT.) v. STATE
21
came to be appointed initially on September 29, 1964 on temporary basis and
A
were then appointed on regular basis as Civil Assistant Surgeon w.e.f. July
15, 1974. The question is whether the appellant is entitled to his seniority
w.e.f September 6, 1966 and thereby would become senior to the rcspondent-
employccs though they were initially appointed on temporary basis w.e.f.
September 29, 1964. Circular dated September 20, 1965 issued by the
B
Government with regard to the entitlement of the Army Officers is found in
Annexure VI. The relevant part reads thus :
"Besides the facilities in the Army, all temporary officers are
allowed lien in service in accordance with Govt. order No. 7892(B)
dated 10.12.62. It has further been accepted by Government
that of the existing permanent vacancies would be reserved for the
temporary assistant surgeons who volunteers to join the Army and
they would be on probation with effect from the date on which
c
they join the Army service and on completion of two years of D
satisfactory service, they will be confirmed in the State, Medical
Service."
As' a consequence of the above circular, on appointment to the post
and on completion of the probation for a period of two years, the candidate
would be confirmed in the cadre as Civil Assistant Surgeon in the Bihar State
E
Medical Service. It is settled law that on completion of the satisfactory
probation, his confirmation would date back to the date of his initial
appointment. Admittedly, he was regularly appointed on September 6, 1966.
Consequently, he was regularly appointed as Civil Assistant Surgeon w.e.f.
September 6, 1966.
F
It is true that the respondent-employees came to be appointed pursuant
to the recommendations dated April 17, 1964 made by the Bihar State Public
Service Commission and were appointed on September 29, 1964. But all the
appointments are only to temporary posts though they were selected by the
G
Bihar Public Service Commission on regular basis, They were admittedly
confirmed w.e.f. July 15, 1974. Under these circumstances, the regular
service for the purpose of seniority as regards the respondents would
commence only from July 15, 1974, of course, for other benefits, their
appointments would date back to the date of their initial temporary appoint-
H
'
\.'
22
SUPREME COURT REPORTS
[1996] 1 S.C.R.
A
ment. Consequently, the appellant becomes senior to them. Resultantly, he
is entitled to all the consequential benefits except bac1< wages.
-r
The appeals are accordingly allowed and the order of the High Court
is set aside . No costs.
B
G.N.
Appeals allowed.
Lex