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

Citation: [1995] 2 S.C.R. 995 · Decided: 23-03-1995 · Supreme Court of India · Bench: K. RAMASWAMY, B.L. HANSARIA · Disposal: Appeal(s) allowed

Cited by 2 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

STATE OF U.P. AND ORS. 
A' 
v. 
DR. R.K. TANDON AND ORS. 
MARCH 23, 1995 
[K. RAMASWAMY AND B.L. HANSARIA, JJ.) 
B 
Service Law 
.... ..,... 
U.P. Provincial Medical Service-Doctors-Ad hoc appoint-
ments-Regular selection by Public Service Commission-Recommenda-
C 
tion-But no appointment made-Petition by ad hoc appointees-Directions 
for regularisation-Petition by directly recroited doctors-Directions for giving 
effect to recommendations of Public Service Commission--State's ap-
peal-Fixation of inter se seniority-Directions by Court. 
The appellant-State made ad hoc appointment of 2056 doctors from D 
1961-62 onwards. Thereafter, the State Public Service Commission 
recruited regular candidates and recommended their appointments but no 
appointments were made. In the meanwhile on the basis of litigation 
initiated by ad hoc appointees this Court held that since ad hoc doctors 
have put in more than 20 years service, denying them seniority would be E 
unjust. Consequently, when State attempted to regularise their services 
from their respective dates of appointment, direct recruits filed petitions 
before the High Court which directed the appellant-State to give effect to 
the recommendations of the Public Service Commission confining to can-
didates who were then serving .the State. State preferred appeals before 
~~~ 
F 
Allowing the appeals, this Court 
HELD : 1. All ad hoc appointments made de hors the rules do not 
confer any right to permanancy or seniority. They acquire the rights only 
from the date of their regular appointment according to rules. If, however, G 
the initial appointments are according to rules, though on ad hoc or 
temporary basis, then the seniority would be counted from the dates of 
initial appointment. The adhoc appointments here were de hors the rules. 
Though the doctors have put in more than 33 years of service, they are ad 
hoc hands. All would not get seniOrity from the respective dates of appoint- H 
995 
996 
SUPREME COURT REPORTS 
[1995) 2 S.C.R. 
A ments. But the doctors who have had the benefit of direction given by the 
. courts to regularise their services with effect from the dates on which they 
-('
were appointed are entitled to count their seniority from the respective 
dates of initial appointments. [997-G-H, 998-A] 
2. Doctors whose names were recommended by Public Service Com-
B mission in 1972, should be appointed in order of merit determined by the 
Public Service Commission with effect from the date on which the State 
received the merit list from the Public Service Commission. They be placed 
below the candidates whose appointmets were upheld by the Courts and 
became final. [998-B-C] 
c 
3. Candidates recommended by the Public Service Commission in 
1977, 1978 and 1979 be appointed in the order of merit in the respective 
lists with effect from the dates on which the State Government had received 
the respective lists. Their seniority would be as per the determination of 
the Public Service Commission in the respective lists. They would be placed 
D below 1972 selectees. Rest of the candidates, who were not selected but are 
still continuing in service, would be placed below the last of the third list 
and their seniority should be determined with effect from the date of the 
receipt of the list dated 10.5.79. Among non-selectees, the date on which 
_,/__,-
the list dated 10.5.1979 was received by the State Government would be the 
E cut-off date and taking into consideration the respective dates of appoint-
ments as on that date and if made thereafter, seniority will be counted 
from those respective dates. (998-D-F] 
F 
G 
CIVIL APPELLATE JURISDICTION: Civil Appeal Nos. 4438-42 
of 1995 etc. etc. 
From the Judgment and Order dated 3.2.92 of the Allahabad High ·~ 
Court in W.P. No. 5809/87, 10921, 10926, 10923 and 10922 of 1989. 
D.V. Sehgal and R.B. Misra with him for the Appellants. 
A.B. Mathew, S.K. Misra, G.K. Bansal, Ms. Geetanjali Mohan and 
S.A. Syed for the Respondents. 
The following Order of the Court was delivered : 
H 
Delay condoned. Leave granted. 
" 
STATEv. DR.R.K. TANDON 
997 
The State is caught by inaction between deep sea and the devil and A 
it seeks the help of this court for its retrieval to salvage from the predica-
ment. From the record, it is seen that 2056 posts of Provincial Medical 
Service (PMS) cadre doctors were filled up from 1961-62 onwards by ad 
hoc appointments for a period of one year or till the regularly selected 
candida

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