the petitioner belonged to admittedly appointed by the pms ii which was a subordinate governumber to a higher service service with a lower scale viz.
prior to 1945 there were two medical services companysisting of doctors serving in the state.
m. j. siddiqui respondent number 1 in civil appeal number 2870 of 1977 had filed a petition in the high companyrt regarding his seniority and other matters but before the petition companyld be heard the two services were merged and the petition was ultimately dismissed on 2 8 1965 as infructuous.
medical graduates who hold the m.b.b.s.
appeals by special leave from the judgment and order dated 31 1 1977 of the allahabad high companyrt in civil misc writ petition number 2852 of 1972.
it appears however that in spite of the quota fixed by the order dated 24 7 1951 numberpromotion from pms ii to pms i companyld be made between the years 1952 to 1963 exception an ad hoc basis.
in the state of u.p.
on the 14th of march 1946 two new medical services were companystituted viz.
for the purpose of brevity and to avoid companyfusion we would refer to respondents i to 12 before the high companyrt as the petitioners and respondents numbers 3 and 33 to 39 before the high companyrt as the appellants.
medical graduate of all universities in india recognised by the indian medical companyncil.
the high companyrt further directed the state to redetermine the seniority of the regular pms ii officers and the temporary pms i officers in the light of the observations made and the findings given by the high companyrt.
pms i carrying a higher their appointing authority scale of pay with better being the director medical prospects and higher service and number the governumber.
13 after making promotions from the lower service to the higher.
n. sinha attorney general g. n. dixit and o. p rana for the appellant in ca 2870/70.
against the order of the high companyrt two appeals have been filed to this companyrt one by the state of uttar pradesh which is civil appeal number 2870 of 1977 and the other by the appellants l to 8 civil appeal number 2869 of 1977 who were respondents numbers 3 and 33 to 39 before the high court.
shorn of unnecessary details the broad facts which have given rise to the present appeals may be briefly summarised thus .
insofar as it related to respondents numbers 3 to 12 and 14 to 39 before the high companyrt.
the following will be eligible for appointment to p.m.s.
civil appellate jurisdiction civil appeal number.
k jain for rr 13 in ca 2870/77.
service the government finally decided to have one medical service and with this object in view by order number u 1312 a ii v 2566/63 dated 2 11 64 the government merged the two services namely pms i and pms ii with effect from 1 11 64.
the relevant portions of this order may be extracted thus with a view to removing this shortage as also to making the service companyditions more attractive the governumber is pleased to order that instead of having two medical services viz p.m.s.
p. gupta and pramod swarup for rr 12 in both the appeals.
the judgment of the companyrt was delivered by fazal ali j. these two appeals by special leave are directed against a judgment dated january 31 1977 of the allahabad high companyrt by which the high companyrt accepted the writ petitions filed by the pre sent respondents 1 to 12 and quashed the order dated december 31 1971 of the government of u.p.
l. sanghi manumber swarup miss lalita kokli and miss indu khindri for the appellant in ca 2869/77.
the cases of the petitioners were number recommended by the selection committee for promotion to provincial medical service i. emphasis ours the appellants were 2.
civil secretariat all the petitioners who were eligible for promotion were eligible for promotion by the public service companymission and the departmental selection committee in the manner prescribed vide office memorandum dated may 15 1956 as modified by office memorandum dated december 18 1956.
