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1999 DIGILAW 144 (SC)

CHANDRA PRAKASH v. State Of U. P.

1999-02-04

D.P.MOHAPATRA, SUJATA V.MANOHAR

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( 1 ) ALTHOUGH these petitions have challenged the seniority list of persons in the Provincial Medical and Health Services in the State of U. P. , all categories of persons who may be affected by the orders which may be passed in connection with the seniority list of 1997 are not before us e. g. there are at least five different categories of persons in this service who may be so affected: (7) Those persons who are in service as temporary recruits and who have not been selected by the Public Service Commission but are given seniority from the date of joining service on the basis of court orders passed by the High Court or by a Bench of three Honble Judges of this court. (2) Those persons who were in service as temporary recruits and who have been later selected by the Public Service Commission in 1972. (3) Those persons who were in service as temporary recruits and who have been later selected by the Public Service Commission during the years 1977, 1978 and 1979. (4) Those persons who are in service as temporary recruits and who have not got the benefit of any order of the High Court or this Court i. e. [those temporary recruits other than unselected temporary recruits falling in category (1)]. These persons are the persons affected by the U. P. Regularisation of Ad Hoc Appointments (on Posts within the Purview of the Public Service Commission) Rules, 1979. (5) Fresh recruits who were selected by the Public Service commission in 1977, 1978 and 1979 and who have been subsequently appointed. ( 2 ) THERE will also be pensioners falling in each of these categories. The petitioners before us belong to Groups (2), (3) and (4) whereas Groups (1) and (5) are not represented. We, therefore, direct the State of U. P. to issue a notice in two daily newspapers, Amar Ujala in Hindi and The Times of India, lucknow Edition, in English, setting out that these writ petitions are being heard before us and that those whose seniority is likely to be affected are entitled to come before this Court to put forward their point of view including all those persons who are governed by earlier court orders. A circular to this effect should also be sent by the 1st respondent to all district headquarters. A circular to this effect should also be sent by the 1st respondent to all district headquarters. The writ petitions to be placed for hearing after six weeks. ( 3 ) SINCE we have heard these matters for a day, if possible, they may be placed before the same Bench, otherwise the matters may be placed before any appropriate Bench as may be fixed by the Honble the Chief Justice of india.