- (1.) I. A. Nos. 16-20 etc. etc. in C. A. 4438-42/95. Application for intervention and impleadment are dismissed.
(2.) 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 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 recruitment and appointments thereto are made. Consequently, all of them remained on ad hoc basis de hors the rules right from 1961-62 onwards and some of them had retired. Some of the doctors had gone to the Court and obtained relief of regularisation of their services from the respective date 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 litigation in the matter. This Court stated in the order as under: "It is settled law that all ad hoc appointments made de hors the rules do not confer any rights only from the date of their regular appointment according to rules they get their seniority. If, however, the initial appointments were according to rules, though on ad hoc or temporary basis, then the seniority would be counted from the dates of initial appointment. The ad hoc appointments here were de hors the rules. It would thus be clear that though the doctors have put in more than 33 years, they are ad hoc hands. All would not get seniority from the respective dates of appointments. It is seen that some of the doctors have retired and some had the benefit of directions given by the Courts to have their services regularised with effect from the dates on which they were appointed and the orders have become final. So, they are entitled to count their seniority from the respective dates of initial appointments. From among the rest of the doctors, since the PSC had notified, selected and recommended the names of candidates in the year 1972, State Government is directed to make their appointment in the order of merit determined by the PSC. The State Government is directed to appoint them with effect from the date which the State Government had received the merit list from the PSC and they be placed below the candidates whose appointments were upheld by the Courts or service Tribunal and became final. As to the candidates whose names were recommended mended by the PSC in three instalments first on 23-12-1977, second on 16-6-78 and the final list on 10-5-79, the State Government is directed to appoint them in the order of merit in the respective lists. The seniority of the officers so appointed would be as per the determination of the PSC in the respective lists. They would be appointed with effect from the dates on which the State Government had received the respective lists and they must be deemed to have been regularly appointed from those dates. They would be placed below 1972 selectees. Rest of the candidates, who were not selected but are still continuing the service, would be placed below the last of the 3rd list and their seniority is directed to be determined with effect from the date of the receipt of the list dated 10-5-79. Among the non-selectees, the date on which the list dated May 10, 1979 was received by the State Government would be the cut-off date and taking into consideration of the respective dates of appointments as on that date and if made thereafter, seniority will be counted from those respective dates. Rule of reservation, if applied, and the candidates were selected accordingly, their seniority vis-a-vis the General candidates would be according to the vacancy position in the roster maintained by the State Government. It is on record that some of these ad hoc doctors have retired on attaining the age of superannuation. In respect of them there shall be a direction to notionally treat them to be regularly appointed from respective dates of initial appointment only for the purpose of giving them pensionary and retiral benefits admissible according to relevant rules. This should not be reckoned for inter se seniority among the temporary or ad hoc doctors appointed in the service."
(3.) These I. As. came to be filed for the reason that though their special leave petition was posted along with other batch of cases, admittedly, the petitioners-appellants had not been served. Consequently, they initially filed these I. As. for review which we have directed to be heard in the Court. Accordingly, the cases have been posted today.;