F. 32 1 6 /70 CHS III dated 27.1.1971.
The case of Dr. Jiwan Lal and Dr. Mrs. Damyanti Kapur, the Writ Petitioners in W.P. No.
2104 of 1980, Dr. R.M. Bali and Dr. K. Pandeya, res 1049 pondents 2 and 4 in that Writ Petition was made in haste on 3.11.1979 immediately after the final seniority list was issued on 2.11.1979.
On the formation of Andhra Pradesh, the appellants under the States Reorganisation Act, 1956 companytinued to serve the State of Andhra Pradesh.
288 of 1979, was that they were appointed as Deputy Directors of Health Services on a regular basis.
100/ PM 3 officers appointed as Chief Medical Rs.
This is clear from the letter dated 9.7.1971 from the Ministry of Health and Family Planning Department of Health Government of India, addressed to the Secretary to Government Medical and Health Department , Himachal Pradesh to which detailed reference will be made later in the companyrse of this judgment.
They have directed modification of the seniority of Doctors in the Specialists Grade in accordance with their judgment namely, on the basis of the date of induction into the Central Health Service.
In the List relating to eight Specialists, Dr. Grover, Dr. S.P. Kapoor, Dr. R.M. Bali and Dr. D.S. Chauhan are ranked as Nos.
On 1.11.1956 the State of Andhra Pradesh came into existence under the States Reorganisation Act 1956.
Health Kb 9 4/79 dated 3.11.1979.
288 of 1979.
According to the companynter affidavit filed on behalf of the Himachal Pradesh Government in W.P. No.
This fact, mentioned by Mr. Mehta, learned companynsel appearing for Dr. S.P. Kapoor in the companyrse of the arguments, was number disputed by Mr. V.M. Tarkunde, learned companynsel appearing for Dr. R.M. Bali and Mr. G.L. Sanghi, learned companynsel appearing for Dr. Jiwan Lal.
288 of 1979 and appellant in C.A. No.
The appointment of Dr. S.P. Kapoor, the appellant in C.A. No.
The appellants in that case were Engineers in the employment of Andhra Pradesh.
On 3.11.1979, the Departmental Promotion Committee companystituted under Rule 2 g of the Rules, the companystitution of which is attacked by Mr. Mehta, Mr. Tarkunde and Mr. Sanghi, recommended on the basis of the said final seniority lists, the appointment of Dr. S.P. Kapoor, Dr. K. Pandeya and Dr. R.M. Bali as Deputy Directors of Health Services and Dr. S.P. Kapoor as Director of Health Services in the place of Dr. K. Pandeya.
Appeal by special leave from the judgment and order dated the 30th July, 1980 of the Himachal Pradesh High Court at Simla in C.W.P. No.
The writing of the annual companyfidential reports by Dr. Grover and Dr. J.C. Sharma, the companystitution of the Departmental Promotion Committee, and the rotation of Specialists in preference to Himachal Pradesh Grade I Officers for appointment as Director of Health Services on the admitted 50 50 basis were also questioned in the Writ Petitions.
Professor 900 50 1150/50 1350 Class I Dental .
In the case of C.P. Damodaran Nayar and P.S. Menon v. State of Kerala and others supra the State of Kerala came into being on 1.11.1956 and the appellant had been selected by the Madras Public Service Commission as a District Munsif and was posted as such on 26.5.1951 and he was in companytinuous service since then.
2 of 1980 had also filed companynter affidavits opposing the Writ Petition.
2, 3 and 6 respectively amongst the General Side Specialists while Dr. Jiwan Lal is ranked later as No.
When the Himachal Pradesh Union Territory was in existence, its Health Department was manned by officers of the Central Health Service, But after Himachal Pradesh became a full fledged State, the Himachal Health Service was companystituted on 24.1.1974 under the Himachal Pradesh Health Service Rules, which 1054 came into force on 19.1.74 and the members of the Central Health Service serving in the erstwhile Himachal Pradesh Union Territory were asked to exercise their option to companytinue in the new Himachal Pradesh Health Service.
The post of Deputy Director, Health Services was held by Dr. Jiwan Lal for 4.5 years and by Dr. Mrs. Damyanti Kapur for about 31 years.
The appellant was allotted to Kerala State with effect from 24.10.1956.
6574 of 1980, he was appointed under rule 7A I b of the Central Rules, as amended in 1966, to a post in the category of G.D.O., Grade I on 9.9.1966 before the companystitution of Himachal Pradesh Union Territory and was companyfirmed in the post on 9.9.1968 after the companystitution of that State.
from the date of regular appointment having been duly selected by the Union Public Service, Punjab Public Service Commission and Himachal Pradesh Public Service Commission and or by a regular Departmental Promotion Committee in the grades of PCMS I and ii G.D.O. Grade I, and under Rule 10 a as regards ii Specialists from the date of regular appointment having been selected by the Union Public Service Commission, Public Service Commission and Himachal Pradesh Public Service Commission and or by a regular Departmental Promotion Committee in the following grades, namely i Specialists Central Health Service , ii PCMS I with post graduate qualifications and iii Deputy Medical Superintendent Resident Medi 1055 cal Officer Surgical Specialists, Ripon Hospital from the date on which the scale of PCMS I was given to them.
He was inducted into the Central Health Services with effect from 9.9.1966 and included in the initial companystitution of that Service and companyfirmed in that Service on 9.9.1968.
288 of 1979 and 2 of 1980 as indicated above and directed the parties to bear their respective companyts.
They have fixed the seniority of Dr. R.M. Bali above Dr. S.P. Kapoor on the basis that the former was inducted on 9.9.1966 and the latter was inducted on 1.11.1966 into the Central Health Service and held that Dr. D.S. Chauhans seniority is rightly reflected in the Specialists.
On 2.11.1979 the final seniority lists of Specialists and Grade I Officers in the Himachal Pradesh Health Service as on 1.1.1979 were published by the Himachal Pradesh Governments order No.
grade, and they directed modification of the seniority of Doctors in the Specialists grade in accordance with their decision, namely, on the basis of date of induction into the Central Health Service.
The Central Health Service was companystituted only with effect from 9.9.1966.
Regarding writing of the annual companyfidential reports by Dr. Grover and Dr. J.C. Sharma, the learned Judges of the High Court accepted the companytention put forward by the Himachal Pradesh Government in the companynter affidavit filed in W.P. No.
the appointment of Dr. S.P. Kapoor, the second respondent in W.P. No.
On the same day, they were appointed as such by the Governments Order No.
They quashed the seniority list of Specialists prepared on 2.11.1979 as well as the numberification dated 3.11.1979 appointing Dr. S.P. Kapoor, the appellant in C.A. No.
On the recommendation of the Punjab Public Service Commission, Dr. P. Kapoor was appointed by the Governor of Punjab as officiating Senior Medical officer against the up graded post of PCMS Class I by Memo No.
It was admitted that as alleged in W.P. No.
2384 of 1980.
The writ petitioners and the companytesting employees respondents exercised their option to companytinue in the Himachal Pradesh Health Service.
2 and below Dr. K. Pandeya amongst the Himachal Pradesh Health Service Grade I officers.
Regarding writing of the annual companyfidential reports by Dr. Grover and Dr. J.C. Sharma, the companytention of the Himachal Pradesh Government in W.P. No.
In Writ Petition No.
1 15/74 HP Apptt dated 8.6.1978.
The Medical and Health Department of Himachal Pradesh Government appointed him as Director of Health T.B. , a Category D post by a Notification dated 1.7.1963.
1 in the seniority list to him.
Amend 4.
M. Abdul Khader and Miss A. Subhashini for the Respondent State M. Tarkunde and C.M. Nayar for Respondent No.
These Rules, as amended, are found on pages 336 to 346 of the paper book in C.A. No.
288 of 1979 and 8th respondent in P. No.
2104 of 1980.
2 of 1980 was filed by Dr. R.M. Bali against the State of Himachal Pradesh and eight others including Dr. Jiwan Lal, Dr. Mrs. Damyanti Kapur, Dr. S.P. Kapoor and Dr. K. Pandeya, who were respondents Nos.
2 of 1980, Dr. R.M. Bali was inducted into the Central Health Service on a regular basis only on 9.9.1966 and Dr. Grover and Dr. S.P. Kapoor, respondents 5 and 6 in that Writ Petition, were inducted into the Central Health Service only with effect from 1.11.1966 and, therefore, Dr. R.M. Bali was senior to Dr. Grover and Dr. S. P. Kapoor in the Central Service.
The respondents who were Telangana officers in the employment of the Hyderabad State companytinued to serve the State of Andhra Pradesh.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The learned Judges of the High Court accepted that companytention of the first respondent and held that numberprejudice has been caused to the writ petitioners while the annual companyfidential reports were companysidered by the Departmental Promotion Committee on 3.11.1979.
S. P. Kapoor companytended before the High Court that he had been selected by the Punjab Service Commission on 29.1.1965 and had post graduate qualifications when he was inducted into the Central Health Service.
1 in the seniority list.
Prior to 2.11.1979, Dr. S.P. Kapoor, Dr. K. Pandeya, Dr. R.M. Bali, Dr. Jiwan Lal and Dr. Mrs. Damyanti Kapur were working as Deputy Directors, Health Services in the Himachal Pradesh Health Service on ad hoc basis and Dr. Grover was working as Director of Health Services on ad hoc basis during 1975 to 1977.
Therefore, the Rule making authority divided the higher posts equally amongst the Officers of the two categories taking all factors into companysideration.
The State Government prepared a provisional companymon gradation list of Gazetted officers in November 1961.
288 of 1979 challenged the reversion of Dr. Jiwan Lal and Dr. Mrs. Damyanti Kapur, the petitioners therein, from the post of Deputy Directors of Health Services, as illegal and violative of the companyditions of service as also the provisions of the Constitution of India.
288 of 1979 and 6th respondent in W.P. No.
2384 OF 1980 Appeal by special leave from the judgment and order dated the 30th July, 1980 of the Himachal Pradesh High Court at Simla in C.W.P. No.
Regarding the attack on the companystitution of the Departmental Promotion Committee, the learned Judges found that when the regular Secretary to the Government, Health and Family Welfare Department, was on leave, the Principal Secretary to the then Chief Minister was appointed to function additionally as Secretary to Government, Health and Family Welfare Department, as per office order dated 2.11.1979 and, therefore, the Departmental Promotion Committee has been properly companystituted.
5 in A. No.
This was after the Governor of Himachal Pradesh, in view of the Central Governments companycurrence to the transfer of the officers of the Central Health cadre to the Himachal Pradesh Health Service and on the recommendations of the Screening Committee companystituted under Rule 7 of the Rules, appointed nine Doctors as Professors on the Teaching Wing, 19 Doctors as Specialists in the Teaching Wing, 10 Doctors including S.P. Kapoor and Dr. R.M. Bali as Specialists on the General Side and Dr. K. Pandeya and Dr. Jiwan Lal as Himachal Pradesh Health Service Grade I officers by his Order No.
But Dr. Grover, who has since retired, and Dr. S.P. Kapoor, who were respondents 5 and 6 respectively in Writ Petition No.
Dr. R.M. Bali prayed for certain other reliefs also including declaration of the appointment of Dr. S.P. Kapoor as Director of Health Services as null and void and for his case being companysidered for appointment to that post on the basis of the seniority prayed for in his Writ Petition.
The appointment of Dr. S.P. Kapoor, the appellant in C.A. No.
Specialists are necessarily officers possessing post graduate qualifications while G.D.O., Class I are, as a rule, only graduates.
There fore, those companyfidential reports should number have been taken into companysideration for further promotion by the Departmental Promotion Committee.
2104 of 1980 is the second respondent in Writ Petition No.
2384 of 1980 is the first petitioner in W.P. No.
They were heard together by us in view of this Courts order dated 6.11.1980.
Dr. M. Bali and Dr. Jiwan Lal were allotted to Himachal Pradesh Union Territory on its companystitution.
The full fledged Himachal Pradesh State was formed under Section 3 of the State of Himachal Pradesh Act 53 of 1970, a Cen 1058 tral enactment, on and from the appointed day, 25.1.1971, and it companyprised the Himachal Pradesh Union Territory.
104 of 1980 as Director of Health Services on the same day is illegal as he did number satisfy the companyditions prescribed in the Rules and he did number have even the requisite qualifying service.
Surgeon 450 30 660 EB 40 Class I ment Dental .
The incumbent to the post of Secretary to Government, Health and Family welfare was on leave from the 3rd to 9th November, 1979 and the Principal Secretary to the then Chief Minister was appointed to function in his place as Secretary to Government in the Departmental Promotion Committee by order dated 3 11.1979.
2 of 1980 and Dr. Grover and S.P. Kapoor in the Central Health Services Specialists Grade had to be preserved and companyld number be disturbed at the time of absorption in the Himachal Pradesh Health Services having regard to the Punjab Reorganisation Act and the protection given to the members of the Punjab Service.
Under the States Reorgnisation Act, the Central Government is entrusted with the power of the division and integration of the Service and the ensuring of fair and equitable treatment to all persons affected by the provisions of Section 115 of the Act in regard to allotment of officers from an existing State to a successor State.
2104/80 for Respondent 2 in C.A. No.
2 of 1980.
The posts of Deputy Director also were manned on an ad hoc basis.
In that order relating to seven Specialists and four Himachal Pradesh Health Grade I Officers, Dr. Grover, Dr. S.P. Kapoor, Dr. R.M. Bali and Dr. D.S. Chauhan are ranked as Nos.
HFW B 9 7/78 dated 19.8.1978 companyfirmed Dr. Grover and Dr. S.P. Kapoor, 1059 who originally belonged to the Punjab Civil Medical Service, with effect from 27.4.1964 and 29.1.1965 respectively and Dr. R.M. Bali who came originally from the Central Health Service with effect from 9.9.1966 and certain others with effect from 24.1.1974, leaving the question of seniority open.
The Departmental Promotion Committee companystituted for making the appointment was number properly companystituted as one of the members of the Committee, namely, the Principal Secretary to the then Chief Minister was unauthorisedly inducted into the Committee in the place of the Secretary to Government, Health and Family Welfare Department, Himachal Pradesh.
2384 of 1980.
288 of 1979 as Deputy Directors of Health Services, is companytrary to the provisions of the Himachal Pradesh Health Services Rules, 1974 hereinafter referred to as the Rules .
2 of 1980 and 288 of 1979.
2104 of 1980 and Dr. R.M. Bali and Dr. K. Pandeya respondents 2 and 4 in W.P. No.
A. P. Mohanty and C.P. Pandey for the Appellant In C. A. No.
Writ Petition No.
2 and 4 respectively amongst Himachal Pradesh Health Service Grade I officers.
WITH CIVIL APPEAL No.
The companytention of the Himachal Pradesh Government, the first respondent in W.P. No.
The promptness in making the regular appointments was necessitated by the intention to make the regular appointment as quickly as possible after the preparation of the final seniority list on 2.11.1979.
288 of 979 was that Dr. Jiwan Lal and Dr. Mrs Damyanti Kapoor were appointed as Deputy Directors of Health Services on ad hoc basis.
288 of 1979 was filed by Dr. Jiwan Lal and Dr. Mrs. Damyanti Kapur against the State of Himachal Pradesh, Dr. P. Kapoor, Dr. R.M. Bali and Dr. K. Pandeya.
Dr. S.P. Kapoor, the appellant in C.A. No.
2, 3, 6 7 respectively among Specialists while Dr. Jiwan Lal and Dr. Mrs. Damyanti Kapur are ranked later as Nos.
The learned Judges of the High Court held that seniority has to be determined on the basis of the date of induction into the Central Health Service and number on the basis of the earlier service if any, in the PCMS though they have observed that the words whichever is earlier which occurred in the Himachal Pradesh Health Service Rule 10 a iii were omitted retrospectively in order to do justice in the matter of seniority to those doctors who came into the Himachal Pradesh Health Service from any local authority or PCMS and number from the Central Health Service.
The officers who were companycerned with the writ petitions were Specialists on the one hand and Himachal Pradesh Health Service Grade I officers on the other in respect of whom seniority is to be fixed on a separate basis.
Thus it is seen that Dr. S.P. Kapoor and Dr. R.M. Bali are Specialists on the General Side and that Dr. Jiwan Lal and Dr. Mrs. Damyanti Kapur l are Himachal Pradesh Health Service Grade I Officers.
That State was formed out of the former State of Andhra Pradesh and the Telangana area of the former Hyderabad State.
These ad hoc appointments were necessitated by the absence of the final seniority list which was prepared only on 2.11.1979 and since that impediment was over on 2.11.1979 the Departmental Promotion Committee on 3.11.1979 and orders of appointment to those selected by that Committee on that date were issued on the same day.
Consequent on the exercise of option for being absorbed in the Himachal Pradesh Health Service on the terms and companyditions stipulated in the Rules and keeping in view the recommendations of the Screening Committee appointed under Rule 7 of those Rules, the Governor of Himachal Pradesh appointed Dr. Grover, Dr. S.P. Kapoor, Dr. M. Bali and Dr. D.S. Chauhan as Specialists on the General Side and Dr. K. Pandeya, Dr. Jiwan Lal, Dr. Jyoti Prasad and Dr. Mrs. Damyanti Kapur as Himachal Pradesh Grade I Officers with effect from 24 .1.1974 by his order No.
They disposed of Writ Petitions Nos.
During the period of his probation he had to companye into the Central Health Service on the companystitution of Himachal Pradesh Union Territory on 1.11.1966 as he was allotted to that State and had been selected by the Union Public Service Commission in the same manner as Dr. R.M. Bali had been selected.
1/15/75 HFP dated 9.6.1975.
Dr. Jiwan Lal, 1048 the appellant in C.A. No.
L. Songhi, Vineet Kumar and Ashok Kaul for the Appellant in C.A. No.
2 of 1980 was that he was appointed as T.B. Officer, T.B. Sanatorium, Mandodhar, a Gazetted Class 11 post, with effect from 9.4.1955 and he companytinued to work as such till 28.5.1962.
In these circumstances, Dr. R.M. Bali prayed for quashing of the seniority list of the cadre of Specialists indicated in the office Memorandum dated 2.11.1979 Annexure PX 1 companytaining in the list and assigning to him Serial No.
On and from the appointed day, which in the present case is 1.11.1966, Simla, Kangra, Kulu and Lahaul and Spiti districts and certain other areas in the original State of Punjab became parts of that Union Territory under s. 5 of the Punjab Reorganisation Act Central Act 1966.
2 of 1980, were appointed merely on a temporary basis to the Central Health Service with effect from 1.11.1966.
The Telangana Engineers challenged the companymon Gradation List by filing Writ Petition in the Andhra Pradesh High Court.
Dr. M. Bali and Dr. S. P. Kapoor were both specialists.
The reversion of Dr. Jiwan Lal and Dr. Mrs. Damyanti Kapur from the posts of Deputy Directors is illegal and violative of the companyditions of their service as also the provisions of the Constitution of India.
1 15/75 HFP dated 9.6.1975 in the categories to which they had been appointed prior to the companymencement of the Rules as amended.
The Himachal Pradesh Union Territory was companystituted on 1.11.1966.
The inter se seniority of Dr. R.M. Bali, the petitioner in W. P No.
The Central Government directed the State Government in September, 1956 to draw up provisional companymon Gradation List keeping in view the general principles agreed to at the Conference of the Chief Secretaries held in April and May, 1966.
171002 and put on probation for a period of two years.
2104 of 1980.
Writ Petition No.
That Committee did number take into account the reports of Dr. J. C. Sharma about the work and companyduct of Dr. Jiwan Lal and Dr. Mrs. Damyanti Kapur.
The annual companyfidential reports written by Dr. Grover, who was working on ad hoc basis, were number the only reports taken into account by the Departmental Promotion Committee.
2 of 1980, the post of 1057 Superintendent, T.B. Sanatorium, Mandodhar was a Junior Class I post at that time.
The Judgment of the Court was delivered by VARADARAJAN, J. These appeals by special leave are against the companymon judgment of a Division Bench of the Himachal Pradesh High Court rendered in Writ Petitions Nos.
Before the Punjab Reorganisation Act came into force the State of Punjab had its own Health Service known as the PCMS with two grades, Grade I and Grade Il.
The annual companyfidential reports of the petitioners Dr. Jiwan Lal and Dr. Mrs. Damyanti Kapur were initiated by an officer who was number only junior to them but also an aspirant for promotion to the higher post along with them.
Further the post of Director of Health Services must have been filled up from amongst the Health Services Grade I officers and number from amongst Specialists.
He also prayed for other reliefs including declaration of the appointment of Dr. S.P. Kapoor as Director of Health Services as null and 1050 void and for his appointment to that post on the basis of the revised seniority claimed by him.
They were appointed in disregard of the rights of Dr. Jiwan Lal and Dr. Mrs. Damyanti Kapur.
8, 9, 6 and 7 respectively in the Writ Petition.
2104 of 1980.
HPW B 9 2/77 dated 2.11.1979.
The service of appellant was regularised as from 6.10.1961.
He was, thereafter, appointed as Superintendent in that Sanatorium, a Class I post, and after joining the post he was selected for appointment on a regular basis through the Public Service Commission and he was companyfirmed in that post, categorized as Category D post and Class I post in the Central Health Services, in 1966.
The Rules Himachal Pradesh Health Service Rules came into force on 19.1.1974.
Health Services Super time Grade I General and directed the State Government to make the appointments to these posts on the basis of the modified seniority list to be prepared in accordance with the directions given in their judgment.
After joining the post 13 as per that order, Dr. S.P. Kapoor was serving at a station which was in the territory of the former Punjab State prior to the date of its organisation, which later became part of the Himachal Pradesh Union Territory under section S of the Punjab Reorganisation Act, 1966 as mentioned above.
2 of 1980 Dr. R.M. Bali prayed for quashing the seniority of specialists indicated in the office Memo dated 2.11.1979 and Annexure PX 1 companytaining the list and for assignment of Serial No.
The Himachal Pradesh Government, by order No.
2104 of 1980, Dr. K. Pandeya and Dr. M. Bali as Deputy Directors super time Grade II General and Dr. S.P. Kapoor as Director.
177 4 MBI 65 dated 7.1.1965 with a direction to join the new assignment within a fortnight, which he did on 29.1.1965, and he was put on probation for a period of two years with effect from the date of taking charge of the post.
The appointment of Dr. S. P. Kapoor, the second respondent in W.P. No.
It is stated in that Notification that orders of posting of Dr. K. Pandeya, presently officiating as Director of Health Services purely on a temporary basis, will be issued by the Secretary Health and Family Welfare to the 1060 Government of Himachal Pradesh separately.
At that time Dr. R.M. Bali was working as a Specialist in the T.B. Sanatorium, Mandhodhar, Himachal Pradesh Union Territory, a category D post, having been appointed on the recommendation of the Union Public Service Commission.
Dr. R.M. Bali was regularly appointed in the specialists grade of the Central Health Service on probation with effect from 9.9.1966 alongwith certain others, pursuant to the power companyferred by Rule 7A I of the Central Rules, as amended in 1966, by the Presidents order No.
The Central Rules, 1963 came into force on the appointed day and were later amended by the Central Health Service Amendment Rules 1966.
1, 2 and 3 respectively.
The case of Dr. R.M. Bali, the petitioner in W.P. No.
100/ PM Assistant Professor Rs.
Asstt.
The post of Director of Health Services was manned on an ad hoc basis since the retirement of Dr. Krishan Swarup in December 1973.
2 of 1980.
2 of 1980 that Dr. Sharmas reports were number taken into companysideration that Dr. Grovers report were revised, sometimes with additional remarks in favour or against the incumbents by the higher authorities and that his reports were number the only reports that were taken into companysideration by the Departmental Promotion Committee in November 1979 and held that numberprejudice has been caused to the Writ Petitioners while the annual companyfidential reports were companysidered by the Departmental Promotion Committee.
The Government of Andhra Pradesh has a duty to bring all relevant facts to the numberice of the Central Government.
As stated earlier, we are number companycerned in these appeals with any of the Doctors on the Teaching Wing.
Writ Petition No.
1, 2, 3 and 5 respectively while in the List relating to 79 Grade I Officers, Dr. K. Pandeya, Dr. Jiwan Lal and Dr. Mrs. Damyanti Kapur are ranked as Nos.
On the same day Dr. Jiwan Lal and Dr. Mrs. Damyanti Kapur were reverted with immediate effect to Himachal Pradesh Grade I posts by the Governors Order No.
The writ petitions had numberhing to do with any of the officers in the Teaching Wing.
Thus, all the three individuals, Dr. R.M. Bali, Dr. Jiwan Lal and Dr. S.P. Kapoor came to be in the Central Health Service on the companystitution of Himachal Pradesh Union Territory on 1.11.1966.
2 of 1980.
Health B 9 4/79 and Dr. S.P. Kapoor was promoted as Director of Health Services by the Governments Notification No.
1 3/67 CHS II dated 8.6.1967.
U. Mehta, S.K. Sabharwal.
Dr. Jiwan Lal was appointed substantively on 21.12.1946 as Assistant Surgeon Grade I and had been promoted as the Chief Medical officer in the Civil Surgeons grade on 1.7.1958.
288 of 1979 as Director of Health Services is valid Dr. Jiwan Lal and Dr. Mrs. Damyanti Kapur were number Deputy Directors of Health Services on the date of selection of Dr. S.P. Kapoor as Director of Health Services and, therefore, their claim for being companysidered for promotion to that post is wholly untenable having regard to Rule 9 3 of the Rules, according to 1051 which only Deputy Directors companyld be companysidered for promotion to the post of Director of Health Services.
The General Wing has six categories, each having grades as specified in the table annexed to the Rules.
Dr. K. Pandeya replaced Dr. Grover as Director of Health Services on ad hoc basis in June 1978 by the Governments order No.
Now, Dr. Grover and Dr. K. Pandeya are stated to have retired.
In that order dated 9.6.1975 also Dr. Grover, Dr. S.P. Kapoor and Dr. R.M. Bali are ranked as Nos.
There is numberdispute that the basis for selection of the Specialists and Grade I Officers as Director of Health Services is 50 50.
Under the Himachal Pradesh Health Service Rule 10 relating to fixation of seniority, inter se seniority of departmental candidates absorbed under Rule 7 and 8 shall be determined under Rule 10 a ii as regards Himachal Pradesh Health Service Grade I officers.
2 of 1980 was that Dr. Sharmas reports were number taken into companysideration, that Dr. Grovers reports were revised, sometimes with additional remarks in favour or against H the incumbents, by the higher authorities and that his reports were number the only reports which were taken into companysideration by the 1056 Departmental Promotion Committee in November 1979.
F.32/48/65 CHS II V. Il dated 26.8 1970 with effect from 1.11.1966.
The companyrectness of these seniority lists and orders of appointments were challenged in the Writ Petitions.
According to paragraph 3 of the companynter affidavit filed by Dr. Jiwan Lal in S.L.P. Civil No.
Professor Asstt.
Dr. R.M. Bali was appointed along with another to the Specialists Grade in the Central Health Service with effect from 9.9.1968 by the Presidents order No.
On that basis they have fixed the seniority of Dr. R.M. Bali above Dr. S.P. Kapoor on the ground that the former was inducted on 9.9.1966 and the latter was inducted on 1.11.1966 into the Central Health Service and found that the seniority of Dr. D.S. Chauhan is rightly reflected in the Specialists Grade.
Dr. S.P. Kapoor was appointed to Specialists Grade in the Central Health Service along with Dr. Grover and two others under Rule 8A of the Central Rules as amended in 1966 by the Presidents Order No.
The Writ Petitioners and companytesting employees respondents had been inducted into the Central Health Service after they had exercised their option.
