Case Note & Summary
The dispute arose in the Bihar State Medical Service over inter se seniority between Dr. (Capt.) Akhouri Ramesh Chandra Sinha, a medical officer who served in the Army during a national emergency, and other Civil Assistant Surgeons who were initially appointed earlier on a temporary basis. The appellant was appointed on temporary basis in March 1966 and thereafter drafted as a Commissioned Officer in the Army. After discharge from the Army, he was appointed on regular basis on September 6, 1966. The respondent-employees were initially appointed on temporary basis on September 29, 1964, pursuant to recommendations dated April 17, 1964 of the Bihar State Public Service Commission, and were later appointed on regular basis as Civil Assistant Surgeon with effect from July 15, 1974. The core legal question was whether the appellant was entitled to seniority from September 6, 1966 and thereby became senior to respondents who had earlier temporary appointments but later confirmation. The Patna High Court, by judgments dated August 19, 1994 in CWJC No.7049/93 and December 6, 1994 in CWJC No.1801/90, had decided the issue against the appellant. The appellant then filed appeals by special leave in the Supreme Court, which were heard together. The Government Circular dated September 20, 1965 provided that temporary assistant surgeons who volunteered for Army service would be allowed lien in service, would be on probation from the date they joined Army service, and after two years of satisfactory service would be confirmed in the State Medical Service. The Supreme Court noted the settled law that on completion of satisfactory probation, confirmation dates back to the date of initial appointment. Applying this principle, the Court held that the appellant, having been regularly appointed on September 6, 1966, must be treated as regularly appointed as Civil Assistant Surgeon from that date. In contrast, although the respondents were selected by the Bihar Public Service Commission and appointed temporarily on September 29, 1964, their appointments were to temporary posts, and they were confirmed only with effect from July 15, 1974. Therefore, their regular service for the purpose of seniority commenced only from July 15, 1974, though for other benefits their appointments would date back to the initial temporary appointment. Consequently, the appellant became senior to the respondents and was entitled to all consequential benefits except back wages. The Supreme Court allowed the appeals, set aside the High Court orders, and awarded no costs.
Headnote
A) Service Law - Seniority - Inter se seniority between temporary and regular appointees - Not mentioned - The appellant was temporarily appointed in March 1966, drafted as Commissioned Officer in Army during national emergency, and after discharge was regularly appointed on September 6, 1966. Respondent-employees were appointed temporarily on September 29, 1964 through Bihar Public Service Commission and confirmed as Civil Assistant Surgeon w.e.f. July 15, 1974. The Supreme Court held that regular service for seniority of respondents commenced only on July 15, 1974, while appellant's regular appointment dated back to September 6, 1966, making him senior. B) Service Law - Probation and Confirmation - Doctrine of relation back of confirmation to initial appointment - Government Circular dated September 20, 1965 (no Act) - The circular provided that temporary assistant surgeons who volunteered for Army would be on probation from date they joined Army service and confirmed after two years satisfactory service. The Court relied on settled law that confirmation on satisfactory completion of probation dates back to initial appointment; thus appellant's confirmation related back to September 6, 1966, and he was entitled to all consequential benefits except back wages.
Issue of Consideration
Whether the appellant, appointed on regular basis on September 6, 1966 after Army service, is entitled to seniority from that date and thus senior to respondent-employees who were initially appointed on temporary basis on September 29, 1964 but confirmed only on July 15, 1974.
Final Decision
Appeals allowed; High Court order set aside; appellant held senior to respondent-employees; entitled to all consequential benefits except back wages; no costs.
Law Points
- Seniority in regular service is determined from date of regular appointment or confirmation
- confirmation on satisfactory completion of probation relates back to initial appointment
- temporary service prior to regular appointment does not count for seniority unless regularised from that date
- Government Circular dated September 20
- 1965 governed Army volunteers' probation and confirmation
- temporary appointees confirmed later get seniority only from confirmation date while other benefits date back
