RITU RAJ AWASTHI,J. - (1.) HEARD learned counsel for the petitioners, learned Standing Counsel as well as Sri A.K. Verma, learned counsel for the opposite party no. 4 and perused the record.
(2.) THE present writ petition has been filed challenging the judgment and order dated 17.5.2010, passed by the State Public Services Tribunal, Lucknow in claim petition No. 1736 of 2008, Dr. Hari Shankar Shiromani Vs. State of U.P. and another, wherein the claim petition has been allowed with a direction to the opposite parties to treat the opposite party no. 4 (claimant), regularized in service immediately on completion of three years' services with effect from the date of his initial appointment and to accord him appropriate place in the seniority list above the selectees of 1985 batch. The inter se seniority of the claimant and other appointees, who were appointed along with him on 29.5.1978, shall be in accordance with the provisions of Rule 7 of U.P. Regularization of adhoc Appointment (on posts within the purview of Public Service Commission) Rules, 1979. It was further directed that the case of the claimant shall be considered for promotion to the next higher post after correcting the seniority list in the light of the above with effect from the due date or if there is any junior promoted, then with effect from the date of promotion of his junior and the judgment and order shall be complied with within a period of three months. The present writ petition has been filed challenging the impugned judgment mainly on the ground that the direction issued in the impugned judgment adversely affects the petitioners and the learned Tribunal has passed the impugned judgment ex parte without providing an opportunity to the petitioners and the similarly situated other persons although they were the necessary parties before the Tribunal. The petitioners were not made parties and in case the impugned judgment is complied with, the petitioners would be adversely affected. The respondent no. 4, would be made senior to them by altering the seniority list on the post of Medical Officer in the department of Ayurvedic and Unani Services, Government of U.P.
(3.) AS per the petitioners, the facts of the case, in brief, are that some persons were appointed on the post of Medical Officers in the Department of Ayurvedic and Unani Services through the Departmental Selection Committee on adhoc basis in the years 1971-1973. The post of Medical Officer was upgraded as a gazetted post w.e.f. 1.11.1975 by virtue of the Government Order dated 18.12.1972. The appointees of the years 1971 and 1973, were also upgraded and such 20 persons continued in the service till they were confirmed on the post of Medical Officers on 1.1.1990. By order dated 8.11.1975, 124 persons were directly appointed on the post of Medical Officers in the Department of Ayurvedic and Unani Services on adhoc basis for a period of one year. In December, 1981, these Medical Officers of the year 1975, were regularized on the post of Medical Officers.;