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

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

Ad hoc appointments de hors rules yield no right to seniority; seniority accrues from regular appointment unless initial appointment was per rules. Court directions for regularisation confer seniority from initial appointment for those explicitly included. PSC recommended candidates' seniority is determined by merit list receipt dates. Non-selectees' seniority is fixed from the cut-off date of last PSC list receipt.

Parties
Appellant: STATE OF U.P.; Respondent: DR. R.K. TANDON
Jurisdiction
India
Judgment Date
23 March 1995
Procedural Posture
Civil Appeal / Final Judgment
Outcome
Appeal allowed
Legal Topics
Ad Hoc Appointments, Regularisation, Seniority, Public Service Commission Recommendations
Service Law Ad Hoc Appointments Regularisation Seniority Public Service Commission Recommendations

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Parties

STATE OF U.P.

Appellant

DR. R.K. TANDON

Respondent

Procedural Posture

Civil Appeal / Final Judgment

Legal Issues

  1. 1 Determination of inter se seniority between ad hoc and regularly appointed doctors
  2. 2 Effect of court directions for regularisation on seniority
  3. 3 Seniority of doctors recommended by Public Service Commission

Ratio Decidendi

Ad hoc appointments de hors rules yield no right to seniority; seniority accrues from regular appointment unless initial appointment was per rules. Court directions for regularisation confer seniority from initial appointment for those explicitly included. PSC recommended candidates' seniority is determined by merit list receipt dates. Non-selectees' seniority is fixed from the cut-off date of last PSC list receipt.

Court Disposition

Appeal allowed

Orders

  • State Government directed to fix inter se seniority within six months from receipt of order.
  • Pension and other terminal benefits to retired doctors to be released within two months of finalising seniority.