STATE OF U.P. AND ANR. versus M. J. SIDDIQUI AND ORS.

Citation: [1980] 3 S.C.R. 254 · Decided: 31-03-1980 · Supreme Court of India · Bench: N.L. UNTWALIA · Disposal: Appeal(s) allowed

Judgment (excerpt)

254 
A 
STATE OF U.P. AND ANR. 
v. 
M. J. SIDDIQUI AND ORS. 
March 31, 1980 
·B 
[N. L. UNTWALIA, s. MURTAZA FAZAL ALI AND A. D. KosHAL, JJ.J 
c 
.D 
E 
F 
G 
H 
Seniority, inter-se of direct recruits and promotees prior to the merger of 
PMS I and PMS II as per order 18-12-68-Validity of the seniority list dt. 
31-12-71 pursuant to the order fixing the principles Dt 18-12-11-Pradeshik 
Medical Services, 1964-Whether the order is inconsistent with Rule 18 of the 
U.P. Medical Services Rules 1945. 
In the State of U.P. there were two Medical Services consisting of doctors 
serving in the· State. 
The senior service was called the 
Provincial Medical 
Service (P.M.S.) 
This service was a gazetted service carrying a higher scale 
of pay than the other service which was known as 
P.S.M.S. 
(Provincial 
Subordinate Medical Service). So far as the P.M.S. was concerned, the in .. 
cumbents of the posts in the service were appointed by the Governor, whereaa 
in the case of the P.S.M.S., the employees were appointed by the Director,_ 
Health Services. 
On JW1e 14, 1945, the Government of U.P. framed rules 
known as the "United Province Medical Services ('Men's Branch) Rules, 1945,. 
which 
were 
applicable to P.M.S. 
only. Rule 3(b), (f), and (h) defined 
uDirect Recruitment", "Member of the Service" and "Subordinate 
Medical 
Service", respectiVely. 
Rule 5 provided for two modes of recruitment. Rule 12 
provided that selection of candidate for direct recruitment shall be made in 
consultation with the Public Service Commission Rule 13 prescribed the mode 
of interview, Ilule 15 laid down modes of recruitment by promotions. 
Rule 
17 specified the "appointing authority" and the manner in which the vacancies 
should be filled in. Under Rule 18, seniority in the service shall be determined 
by the date of order of appointment in a substantive vacancy. Rule 19 required-
that all persons whether recruited directly or by promotion be placed on proba-
tion, while Rule 20 laid down the circumstances under which a person appointed 
to a post in the Service on probation may be confirmed. 
On 14-3-1946, two Medical Services were constituted, namely (i) Provin-
cial Medical Service Grade I (popularly known as P.M.S. I ) and (ii) Provincial 
Medical Service Grade II (known as P.M.S. II). It was decided that existing 
members of PMS II were to be absorbed in PMS I anrl further recruitment 
of medical graduates should be made to PMS II in order to replace the PSMS,_ 
By an order dated July 24, 1951, the Government laid dnwn that 50 per cent 
of the vacancies in PMS I were to be filled in by direct recruitment and 50 
per cent by promotion. The principle for determination of inter se seniority 
between direct recruits and the promotees in PMS I was not laid down at tho 
time when the Government order was made. In spite of the quota fixed by 
the order dated 24-7-1951, no promotion from PMS II to PMS I could be 
made between the years 1952 to 1963, except on an ad /we basis. 
On July 
14, 1962 by virtue of an advertisement, the Public Service Commission invited 
applicatioris for recruitments· to 56 gazetted posts out of which 9 posts were 
permanent and the rest were temporary but were likely to continue. In pur ... 
.. 
··~. 
• 
• 
U. P. STATE V. M. J, SIDDIQUI 
255 
suance. of this advertisement, the appellants applied for direct recruitment to 
PMS 1 and they were ultimately appointed on a temporary basis •ome time in 
June 1963, but before the merger of the two services (PMS I and PMS II) 
which came into existence on November 1, 1964. 
This merger was brought 
about through an order of Government dt. 2-11-64. 
By this order the Pra-
d.eshik Medical Service (Men/Women) was constituted which had two grades; 
aamely-ordinary grade which included all the existing posts of PMS I, and 
PMS II and Selection Grade to consist of 7!% of the total number of penna-
nent posts in the ordinary grade. 
By para 2 it was specified that "the perma-
nent and temporary posts in PMS I and PMS II grades shall continue to remain 
3:i such on their merger until the temporary posts are made permanent subse-
quently". By para 4, the Government proposed to issue a further order re-
garding the fixation of the inter-se seniority while the right 
to fix 
inter-se 
seniority of the members of the two services was . reserved, no provision was 
made in the Order which either applies or oontinues the Rules of 1945 even 
in respect of inter-se seniority of members of 

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