CHANDRA PRAKASH Vs. STATE OF UTTAR PRADESH
LAWS(SC)-2002-4-129
SUPREME COURT OF INDIA
Decided on April 04,2002

CHANDRA PRAKASH Appellant
VERSUS
STATE OF UTTAR PRADESH Respondents





Cited Judgements :-

TOTAL ENVIRONMENT BUILDING SYSTEMS PVT. LTD VS. DEPUTY COMMISSIONER OF COMMERCIAL TAXES [LAWS(SC)-2022-8-13] [REFERRED TO]
ALIGARH MUSLIM UNIVERSITY VS. NARESH AGARWAL [LAWS(SC)-2024-11-30] [REFERRED TO]
M/S FUTURE GAMING & HOTEL SERVICES (P) LTD. VS. UNION OF INDIA, THROUGH ITS SECRETARY [LAWS(SIK)-2017-3-6] [REFERRED TO]
ZAKIR KHAN VS. UNION OF INDIA [LAWS(DLH)-2022-5-52] [REFERRED TO]
N. Srinivasa Reddy, S/o Shri. N. Narayanappa, Assistant Director of Karnataka Land Army Corporation Limited and others etc. etc. VS. The Karnataka Land Army Corporation Limited, represented by its Managing Director and others etc. etc.@responden [LAWS(KAR)-2011-7-241] [REFERRED TO]
ARUNA MANURE WORKS KHAMMAM VS. STATE OF A P [LAWS(APH)-2008-7-47] [REFERRED TO]
DHEERAJ SINGH RANA VS. STATE (NCT OF DELHI) [LAWS(DLH)-2013-5-86] [REFERRED TO]
SACHIN DOGRA VS. ANJU BALA [LAWS(HPH)-2024-11-6] [REFERRED TO]
R V SINHA VS. AJAY KUMAR TANDON [LAWS(DLH)-2006-6-20] [REFERRED TO]
J. ALEX PONSEELAN VS. DIRECTOR GENERAL OF POLICE, TAMIL NADU [LAWS(MAD)-2014-2-144] [REFERRED TO]
STATE OF U.P. VS. AJAY KUMAR SHARMA [LAWS(SC)-2015-11-36] [REFERRED TO]
G.BALASUBRAMANIAN VS. GOVERNMENT OF TAMIL NADU [LAWS(MAD)-2019-8-244] [REFERRED TO]
K GNANAVEL VS. GOVERNMENT OF PUDUCHERRY, REP BY SECRETARY TO GOVERNMENT [LAWS(MAD)-2018-4-388] [REFERRED TO]
RAJEEV BHARDWAJ VS. STATE OF H P [LAWS(HPH)-2021-3-64] [REFERRED TO]
MUNICIPAL CORPORATION OF GUNTUR VS. B SYAMALA KUMAI [LAWS(APH)-2006-9-99] [REFERRED TO]
COMPETITION SUCCESS REVIEW VS. UNION OF INDIA [LAWS(DLH)-2003-7-81] [RELIED ON]
VINAY KUMAR KOHLI VS. UNION OF INDIA [LAWS(MPH)-2002-1-1] [REFERRED TO]
P.LALITHA VS. DEPUTY REGISTRAR/MANAGING DIRECTOR [LAWS(MAD)-2019-7-461] [REFERRED TO]
Virendra Kumar Verma VS. State of Uttaranchal and others [LAWS(UTN)-2004-7-16] [REFERRED TO]
SHAH FAESAL VS. UNION OF INDIA [LAWS(SC)-2020-3-1] [REFERRED TO]
BRANCH MANAGER, NATIONAL INSURANCE COMPANY LIMITED VS. LAXMI PRASAD CHETTRI [LAWS(SIK)-2021-11-13] [REFERRED TO]
COMMISSIONER OF INCOME TAX VS. VALLABHDAS VITHALDAS [LAWS(GJH)-2015-3-262] [REFERRED TO]
STATE OF GUJARAT VS. HARDIKBHAI HARSUKHLAL VADHER [LAWS(GJH)-2024-4-146] [REFERRED TO]
N SRINIVASA REDDY VS. KARNATAKA LAND ARMY COPORATION LTD [LAWS(KAR)-2011-7-22] [REFERRED TO]
AGARWAL INDUSTRIES LTD. VS. UNION OF INDIA [LAWS(APH)-2016-6-26] [REFERRED TO]
KIMBERLY CLARK LIVER LIMITED VS. STATE OF A P [LAWS(APH)-2006-3-79] [REFERRED TO]
RASHI MANI MISHRA VS. STATE OF UTTAR PRADESH [LAWS(SC)-2021-7-38] [REFERRED TO]
S. RAJENDRAN VS. SECRETARY MUNICIPAL ADMINISTRATION AND WATER SUPPLY DEPARTMENT [LAWS(MAD)-2018-3-969] [REFERRED TO]
R.KUMAR VS. STATE OF TAMIL NADU [LAWS(MAD)-2019-4-428] [REFERRED TO]
LONGJAM SUBHASCHANDRA SINGH VS. STATE OF MANIPUR [LAWS(MANIP)-2024-4-1] [REFERRED TO]
SUNDEEP KUMAR BAFNA VS. STATE OF MAHARASHTRA [LAWS(SC)-2014-3-58] [REFERRED TO]
JITENDRA SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2023-11-32] [REFERRED TO]
JABALPUR BUS OPERATORS ASSOCIATION VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2002-12-33] [REFERRED TO]
RAMAN GOPI VS. KUNJU RAMAN UTHAMAN [LAWS(KER)-2011-9-52] [REFERRED TO]
AXIS BANK LIMITED VS. NATUROL BIOENERGY LIMITED [LAWS(APH)-2012-4-84] [REFERRED TO]
T PREMCHANDRA RAO VS. B PRAMOD GENERALMANAGER SYNDICATE BANK [LAWS(APH)-2006-6-90] [REFERRED TO]
P.V.MURUGANANDAM VS. GOVERNMENT OF TAMIL NADU [LAWS(MAD)-2019-2-271] [REFERRED TO]
S.ALIM BASHA VS. DEPUTY REGISTRAR/MANAGING DIRECTOR [LAWS(MAD)-2019-7-460] [REFERRED TO]
R.SENTHILKUMAR VS. GOVERNMENT OF TAMIL NADU [LAWS(MAD)-2019-8-226] [REFERRED TO]
B. NAGARAJAN VS. THE PRINCIPAL SECRETARY TO GOVERNMENT [LAWS(MAD)-2018-2-372] [REFERRED TO]
S SIVAMAHESWARI VS. STATE OF TAMIL NADU, REPRESENTED BY ITS SECRETARY [LAWS(MAD)-2018-4-363] [REFERRED TO]
BANGALI BABU AGARWAL AND RAHUL SARASWAT VS. MCD & ORS. THROUGH THE DIRECTOR, LOCAL BODIES, DELHI SECRETARIAT AND OTHERS [LAWS(CA)-2014-4-56] [REFERRED TO]
MANAGING DIRECTOR, CREST STEEL AND POWER LTD. VS. TARA CHAND AND ORS. [LAWS(HPH)-2015-9-21] [REFERRED TO]
ROGER SHASHOUA & OTHERS VS. MUKESH SHARMA & OTHERS [LAWS(SC)-2017-7-1] [REFERRED TO]
J. VEDHASINGH VS. R.M. GOVINDAN [LAWS(SC)-2022-8-32] [REFERRED TO]
NATIONAL INSURANCE COMPANY LIMITED VS. PRANAY SETHI [LAWS(SC)-2017-10-44] [REFERRED TO]
MANKASTU IMPEX PRIVATE LIMITED VS. AIRVISUAL LIMITED [LAWS(SC)-2020-3-38] [REFERRED TO]
K.S.PANDURANGA VS. STATE OF KARNATAKA [LAWS(SC)-2013-3-2] [REFERRED TO]
RAMANDEEP SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2016-1-75] [REFERRED TO]
P.PRIYA VS. DHARMAPURI COOP TOWN BANK LTD [LAWS(MAD)-2019-4-649] [REFERRED TO]
V.KARUPPASAMY VS. STATE OF TAMIL NADU [LAWS(MAD)-2019-6-315] [REFERRED TO]
P.VENKATACHALAM VS. STATE OF TAMIL NADU [LAWS(MAD)-2019-6-316] [REFERRED TO]
PAPPU VS. THE STATE OF MAHARASHTRA [LAWS(BOM)-2014-10-96] [REFERRED TO]
LYKA LABS LIMITED VS. STATE OF MAHARASHTRA [LAWS(BOM)-2023-3-15] [REFERRED TO]
IRFANA AHMAD VS. STATE OF J&K AND ANOTHER [LAWS(J&K)-2018-4-83] [REFERRED TO]
K. SELVADURAI AND OTHERS VS. UNION OF INDIA AND ANOTHER [LAWS(MAD)-2018-2-1199] [REFERRED TO]
INDIAN CRAFT VILLAGE TRUST VS. CALCUTTA MUNICIPAL CORPORATION [LAWS(CAL)-2007-7-46] [REFERRED TO]
CH PURUSHOTHAM VS. SENIOR DIVISIONAL COMMERCIAL MANAGER, SOUTH CENTRA [LAWS(APH)-2006-11-165] [REFERRED]
S RAMI REDDY VS. VICE CHAIRMAN AND MANAGING DIRECTOR [LAWS(APH)-2003-6-27] [REFERRED TO]
PAHARPUR COOLING TOWERS LTD VS. ANURADHA MASALA UDHYOG PVT LTD [LAWS(ALL)-2007-12-209] [REFERRED]
BANGALORE WATER SUPPLY AND SEWERAGE BOARD VS. BANGALORE WATER SUPPLY AND SEWERAGE BOARD PENSIONERS ASSOCIATION [LAWS(KAR)-2012-1-10] [REFERRED TO]
DENTAL COUNCIL OF INDIA VS. DR. HEDGEWAR SMRUTI RUGNA SEVA MANDAL, HINGOLI [LAWS(SC)-2017-4-14] [REFERRED TO]
HYDERABAD BEVERAGES PRIVATE LIMITED VS. STATE OF A P [LAWS(APH)-2006-4-1] [REFERRED TO]
RADHEY SHYAM GUPTA VS. UNION OF INDIA [LAWS(DLH)-2003-10-63] [REFERRED TO]
TRANSCAB INTERNATIONAL VS. COMMISSIONER OF C. EX. [LAWS(CE)-2003-9-382] [REFERRED TO]
JAHARLAL SAHA VS. PRADIP SAHA [LAWS(CAL)-2005-11-35] [REFERRED TO]
PATRICK GEORGE YADAUGA VS. STATE OF KARNATAKA [LAWS(KAR)-2022-7-1572] [REFERRED TO]
KUMARI MARY FRANCIS VS. BABY [LAWS(KER)-2022-8-315] [REFERRED TO]
UNION OF INDIA (UOI) AND ORS. VS. R.P. SINGH [LAWS(SC)-2014-5-95] [REFERRED TO]
GEO MILLER & CO. PVT. LTD. VS. UP JAL NIGAM [LAWS(ALL)-2024-5-28] [REFERRED TO]
R KARTHIKEYAN VS. PRINCIPAL SECRETARY, PUBLIC WORKS DEPARTMENT [LAWS(MAD)-2018-4-44] [REFERRED TO]
G.SEERALAN VS. STATE OF TAMIL NADU [LAWS(MAD)-2019-8-243] [REFERRED TO]
VIRENDRA KUMAR VERMA VS. STATE OF UTTARANCHAL [LAWS(UTN)-2004-12-65] [REFERRED TO]
R KIRUBAKARAN VS. S A RAMAN [LAWS(MAD)-2018-4-289] [REFERRED TO]
S DHARMARAJ VS. PRINCIPAL SECRETARY TO GOVERNMENT OF TAMIL NADU, MUNICIPAL ADMINISTRATION AND WATER SUPPLY DEPARTMENT [LAWS(MAD)-2018-4-818] [REFERRED TO]
E MARI VS. GOVERNMENT OF TAMIL NADU, REP BY ITS PRINCIPAL SECRETARY [LAWS(MAD)-2018-7-113] [REFERRED TO]
R.SENTHILKUMAR VS. GOVERNMENT OF TAMIL NADU [LAWS(MAD)-2019-8-238] [REFERRED TO]
P. DEIVENDRAN AND OTHERS VS. TAMILNADU ELECTRICITY BOARD AND OTHERS [LAWS(MAD)-2018-1-1079] [REFERRED TO]
C.SURENDHAR VS. DIRECTOR GENERAL OF POLICE [LAWS(MAD)-2019-11-174] [REFERRED TO]
ANJU KISHOR T VS. STATE OF KERALA [LAWS(KER)-2020-8-335] [REFERRED TO]
STATE OF GUJARAT VS. YOGENDRASINH RANJITSINH RAJPUT [LAWS(GJH)-2024-4-145] [REFERRED TO]
YELAMARTHI SARATH KUMAR VS. STATE OF ANDHRA PRADESH [LAWS(APH)-2011-3-98] [REFERRED TO]
K GANESH VS. TIRUMALA TIRUPATHI DEVASTHANAM [LAWS(APH)-2007-6-45] [REFERRED TO]
AMIT VYAS VS. PRAMILA [LAWS(RAJ)-2022-5-397] [REFERRED TO]
CENTRAL BOARD OF DAWOODI BOHRA COMMUNITY VS. STATE OF MAHARASHTRA [LAWS(SC)-2004-12-90] [REFERRED TO]
K. SURESH AND OTHERS VS. GOVERNMENT OF TAMIL NADU AND OTHERS [LAWS(MAD)-2018-6-1143] [REFERRED TO]
M.LOGANATHAN VS. PRINCIPAL SECRETARY TO GOVERNMENT [LAWS(MAD)-2018-8-1002] [REFERRED TO]
A.GLORY MARRY VS. SECRETARY TO GOVERNMENT [LAWS(MAD)-2019-2-196] [REFERRED TO]
A.RUBAN VS. GOVERNMENT OF TAMIL NADU [LAWS(MAD)-2019-2-272] [REFERRED TO]
WEE AAR CONSTRUCTIVE BUILDERS VS. SIMPLEX CONCRETE PILES INDIA LTD [LAWS(DLH)-2010-2-376] [REFERRED TO]
PURUSHOTTAM VS. SENIOR DIVISIONAL COMMERCIAL MANAGER [LAWS(APH)-2006-12-128] [REFERRED TO]


JUDGEMENT

Santosh Hegde, J. - (1.)A three-Judge Bench of this Court by an order dated 17-8-2000, referred the abovenoted writ petitions for consideration by a Bench of five-Judges by the following order :
"We have heard learned counsel. It appears that a Bench of two learned Judges of this Court has taken a view dissimilar to that taken by a Bench of three learned Judges. It appears, therefore, that these matters should be heard and disposed of by a Bench of five learned Judges and, to the extent possible, with expedition."

(2.)Brief facts necessary for the disposal of this case are as follows : In the U.P. Provincial Medical Services (PMS) for a considerable length of time, regular appointments were not made and with a view to meet the need for doctors, appointments were being made on a temporary basis but in consultation with the State Public Service Commission. These appointments were continued for decades together without any interruption. In 1979, the respondent-State purported to regularise the services of these temporary doctors by the promulgation of U.P. Regularisation of Ad hoc Appointments (On Posts within the Purview of the Public Service Commission) Rules, 1979 (for short 'the Regularisation Rules'), and sought to give these appointees seniority only from the date of their such regularised appointment under the Rules.
(3.)In the meanwhile, in the year 1972 pursuant to the advertisements issued by the Public Service Commission, the said Commission made selections to fill the vacancies in the PMS and recommended the names of certain selectees. Such selections and recommendations seem to have been made in instalments between the year 1972 and 1979. These selections made by the Public Service Commission were originally not acceptable to the State Government but when they became acceptable because of certain judicial pronouncement or otherwise, the question of inter se seniority arose between the temporary doctors originally appointed and the doctors appointed through the Public Service Commission. It was the stand of the temporary doctors that they were appointed to permanent vacancies in consultation with the PSC and having continued for a considerable length of time in service, their original appointments ought to be deemed as regular, and they should be given seniority from the date of their initial appointments. This claim of the temporary doctors being rejected, three temporary doctors approached the Allahabad High Court in three separate writ petitions; Civil Misc. W.P. No. 20408/88 filed by Dr. H. C. Mathur was one such petition. The High Court of Allahabad clubbing the three petitions, by its order dated 26-4-1991, upheld the claim of the temporary doctors and held that their seniority should be counted from the date of their initial appointment in the PMS cadre and that they are also entitled to all the service benefits which are due to them after so fixing their seniority.


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