STATE OF U.P. AND ORS. ETC. versus DR. R.K. TANDON AND ORS. ETC.

Citation: [1996] SUPP. 4 S.C.R. 149 · Decided: 26-07-1996 · Supreme Court of India · Bench: K. RAMASWAMY, G.B. PATTANAIK · Disposal: Disposed off
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Judgment (excerpt)

.. 
STATE OF U.P. AND ORS. ETC. 
v. 
DR. R.K. TANDON AND ORS. ETC. 
JULY 26, 1996 
[K. RAMASWAMY AND G.B. PATTANAIK, JJ.] 
S e1Vice Law : 
U.P. Regulmisatioll of Ad-hoc appointees (Oil posts withill the pwview 
of the Public Seivice Commission) Rules, 1979: 
Rules 4, 5. and 7-U.P. Provincial and Medical Health Service-Doc-
t01:1-Ad-lwc appointments made ill 1962-63 onwards-Direct recmits ap-
pointed by Public Service Commission in 1972 and 1974-Rei,qlimisation of 
A 
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ad hoc doctors alld their selliority-Matter decided by this Cowt by its order D 
dated 23.3.199~Some of adhoc appoimees who were not selected by the 
PSC filed applications for review/clarification of the order dated 23.3. 1995 Oil 
the ground that though they were petitioners in sonie of the petitions for 
special leave posted with other batch of cases, but they were not seTVed-Held, 
candidates selected by the PSC in 1972 and appointed accordingly would 
bccon1e senior to all the ad hoc appointees-As regards the doctors recntited 
by the PSC in the year 1974 and recommended for appointment in three 
instalments, i.e. by the lists dated 23.12.1977, 16.6.1978 and 10.5.1979, such 
of the candidates recommended by the PSC in the lists dated 23. 12.1977 alld 
16.6.1979 would rallk below the 1972 appointees ill their order of merit-The 
third list was sent by the PSC on 10.5. 1979 i.e. before the ad hoc Rules came 
to be made on 14.5.1979-Ad-lwc doctor.f who were not selected canllot claim 
seniority over the candidates already recommended by the PSC ill the third 
list dated 10.5.1979-/n the circumstance;; though they were not heard in the 
first instances, when the n1atter was dis11osed of, in substance they would not 
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get any advantage or det1in1ent in the order--Ru/es of roster and rese1vation G 
for Scheduled Caste, Scheduled Tribe and Backward Class calldidates to be 
followed i11 the matter of seni01ity and fitment-17zis order would cover all 
the cases and would apply to all the candidates including those who have 
gone to the Cowt and obtained directions Oil the ground that they were not 
pmties to the orders passed by this Cowt-State Govemment should put a 
stop to ad hoc appointments in order to check conuption and napotism and H 
149 
150 
SUPREME COURT REPORTS (1996) SUPP. 4 S.C.R. 
A to inculcate discipline in the seJVice. 
State of UP. & Ors. v. Dr. R.K Tandon & Ors., [1995) 2 SCR. 995, 
explained. 
CIVIL APPELLATE JURISDICTION : I.A. Nos. 
16-20, 21-25, 
B 27-31; 32-35. 
c 
D 
AND 
Contempt Petition Nos. 46-50. 
IN 
Civil Appeal Nos. 4438-42 of 1995. 
From the Judgment and Order dated 3.2.92 of the Allahabad High 
Court in W.P. No. 5809/87, 10921/89, 10926/89, 10923/89 and 10922 of 1989. 
H.N. Salve and A.B. Mathur, Irshad Ahmad, Arvind Kr. Shukla, IR.B. 
Misra, S.K. Misra, Ms. Geetanjali Mohan, D.N. Goburdhan and Ms. Pinky 
Anand Advs. with him for the Petitioners/Appellants. 
K Madhava Reddy, S.C. Maheshwari, Shakeel Ahmed Syed and Ms. 
E Sandhya Goswami for the Respondents. 
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The following Order of the Court was delivered : 
IA. Nos. 16-20 Etc. Etc. in CA. 4438-42/95 
Application for intervention and impleadment are dismissed. 
This is second instalment and we hope it to be the last instalment of 
the unending litigation. This Court by order dated March 23, 1995 disposed 
of a batch of cases relating to the appointment of ad hoc doctors in U.P. 
Provincial Medical and Health Service. Pending making of the rules, ad 
G hoc appointments came to be made and the doctors who were already 
working in Medical and Health Departments .were given options to come 
to this Department. As a result thereof, all of them had opted to come to 
this Department. Admittedly, the posts are governed by the PSC recruit-
ment and appointments thereto are made ·accordingly. No such appoint-
ment came to be made. Consequently, all of them remained on ad hoc basis 
H de hors the rules right from 1961-62 onwards and some of them had 
STATEv. R.K TANDON 
151 
retired. Some of the doctors had gone to the Court and obtained relief of A 
regularisation of their services from the respective dates of appointments 
which became final. The recruitment through the PSC came to be made 
on two occasions, viz., in 1972 and 1974. When there was an inter se dispute 
between the candidates selected by the PSC and ad hoc doctors, the 
dispute ultimately came to this Court and this Court directed the State 
Government to adopt a fair procedure so as to avoid further litiga
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