Sudhir Agarwal, J. - (1.) Writ Petition No. 1482 (SB) of 2015 (hereinafter referred to as, 'First Writ Petition') has been filed by five petitioners, who have already retired from the post of Medical Officer, Level IV, working in U.P. Medical and Health Department. The date of appointment of petitioners and their date of retirement is given in the following chart:- Sl. No. Name Date of appointment / date of joining Date of retirement 1 Dr. Sabhajeet Singh 28.01.1973/ 08.02.1973 30.09.2007 , 2 Dr. Ramshankar Prasad 07.02.1973/ 12.02.1973 30.06.2007 3 Dr. Yogendra Nath Pandey 14.12.1973/ 20.12.1973 31.07.2008 4 Dr. Kushal Kumar Jain 20.05.1974/ 15.06.1974 31.05.2007 5 Dr. (Smt.) Malti Pandey 22.05.1974/ 10.06.1974 31.05.2007
(2.) In 1978, Governor of Uttar Pradesh, in exercise of powers under proviso to Article 309 of Constitution of India promulgated "U.P. Government Doctors (Allopathic) Restriction on Private Practice Rules, 1978" (hereinafter referred to as, 'Rules, 1978'). These Rules were applicable to all Government Doctors whether working as teachers in State Medical Colleges or in Government Hospitals being part of Provincial Medical Services. Validity of these Rules was challenged and negatived in Dr. Y. K. Singh and others Vs. State of U.P. and others, 1982 AIR(All) 439.
(3.) Rules 1978 were replaced by "U.P. Government Doctors (Allopathic) Restriction on Private Practice Rules, 1982" (hereinafter referred to as, 'Rules, 1982') published vide notification dated 31.10.1982 but within a week, same also stood superseded and replaced by "U.P. Government Doctors (Allopathic) Restriction on Private Practice Rules, 1983" (hereinafter referred to as, 'Rules, 1983'). The aforesaid rules came into force on 01.09.1983.;