Full Judgment Text
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PETITIONER:
DR. (CAPT.) AKHOURI RAMESH CHANDRA SINHA ETC.
Vs.
RESPONDENT:
THE STATE OF BIHAR & ORS. ETC.
DATE OF JUDGMENT: 02/01/1996
BENCH:
RAMASWAMY, K.
BENCH:
RAMASWAMY, K.
G.B. PATTANAIK (J)
CITATION:
1996 AIR 1586 1996 SCC (2) 23
JT 1996 (1) 77 1996 SCALE (1)153
ACT:
HEADNOTE:
JUDGMENT:
AND
CIVIL APPEAL NO.1579 OF 1996
(Arising out of SLP (C) No.12432 of 1995)
O R D E R
Leave granted.
We have heard the counsel on both sides. These appeals
by special leave arise from the judgments of the Division
Bench of the Patna High Court in CWJC Nos.7049/93 and
1801/90 made respectively on August 19, 1994 and December 6,
1994. The question is vexed inter se seniority of the
appellant and the respondent-employees in these cases. The
appellant was admittedly appointed on temporary basis in
March 1966 and thereafter he was drafted as a Commissioned
Officer and served in the Army in defence of the country in
national emergency. After discharge from the Army, he was
appointed on regular basis on September 6, 1966. The
respondent-employees came to be appointed initially on
September 29, 1964 on temporary basis and were then
appointed on regular basis as Civil Assistant Surgeon w.e.f.
July 15, 1974. The question is whether the appellant is
entitled to his seniority w.e.f. September 6, 1966 and
thereby would become senior to the respondent-employees
though they were initially appointed on temporary basis
w.e.f. September 29, 1964. Circular dated September 20, 1965
issued by the Government with regard to the entitlement of
the Army Officers is found in Annexure VI. The relevant part
reads thus:
"Besides the facilities in the Army, all
temporary officers are allowed lien in
service in accordance with Govt, order
No.7892(B) dated 10.12.62. It has
further been accepted by Government that
of the existing permanent vacancies
would be reserved for the temporary
assistant surgeons who volunteers to
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join the Army and they would be on
probation with effect from the date on
which they join the Army service and on
completion of two years of satisfactory
service, they will be confirmed in the
State Medical Service."
As a consequence of the above circular, on appointment
to the post and on completion of the probation for a period
of two years, the candidate would be confirmed in the cadre
as Civil Assistant Surgeon in the Bihar State Medical
Service. It is settled law that on completion of the
satisfactory probation, his confirmation would date back to
the date of his initial appointment. Admittedly, he was
regularly appointed on September 6, 1966. Consequently, he
was regularly appointed as Civil Assistant Surgeon w.e.f.
September 6, 1966.
It is true that the respondent-employees came to be
appointed pursuant to the recommendations dated April 17,
1964 made by the Bihar State Public Service Commission and
were appointed on September 29, 1964. But all the
appointments are only to temporary posts though they were
selected by the Bihar Public Service Commission on regular
basis. They were admittedly confirmed w.e.f. July 15, 1974.
Under these circumstances, the regular service for the
purpose of seniority as regards the respondents would
commence only from July 15, 1974, of course, for other
benefits, their appointments would date back to the date of
their initial temporary appointment. Consequently, the
appellant becomes senior to them. Resultantly, he is
entitled to all the consequential benefits except back
wages.
The appeals are accordingly allowed and the order of
the High Court is set aside. No costs.