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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.