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2001 Supreme(SC) 318

D.P.MOHAPATRA, DORAISWAMY RAJU
State Of Punjab – Appellant
Versus
Gurdeep Kumar Uppal – Respondent


ORDER

Leave granted in Special Leave Petition Nos. 1561 of 1998 and 5626 of 1999.

2. Heard Mr. Anoop Chaudhary, learned senior Counsel for the appellants and Mr. A.S. Sohal, learned Counsel for respondents.

3. The respondents are doctors serving under the Government of Punjab.

4. The main question that arises for consideration in these appeals is whether the period of ad hoc services rendered by the respondents is to be included for calculating the period of 8 or 1 8 years of service for giving higher scale of pay under the proficiency step-up scheme. This question was considered by a three Judge Bench of this Court in the State of Haryana v. Haryana Veterinary & AHTS Association and Another1 wherein this Court took the view that for calculating 8/18 years service required for giving higher scale of pay and for determination of seniority only regular service rendered by the employee is to be counted and not ad hoc service.

5. Learned Counsel for the respondents strenuously contended that the respondents who are doctors serving under the State of Punjab are governed by a set of Rules and circulars different from those which were considered in the decided case and therefore the ratio in t




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