Dr.
(Capt.) Akhouri Ramesh Chandra Sinha Vs. The State of Bihar & Ors [1996] INSC 2 (2 January 1996)
Ramaswamy,
K. G.B. Pattanaik (J)
CITATION:
1996 AIR 1586 1996 SCC (2) 23 JT 1996 (1) 77 1996 SCALE (1)153
ACT:
HEAD NOTE:
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 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.
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