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2011 Supreme(SC) 331

GYAN SUDHA MISRA, MARKANDEY KATJU
State of U. P. – Appellant
Versus
Rekha Rani – Respondent


JUDGMENT

Markandey Katju, J. —

1. This appeal has been filed against the judgment and order dated 28.7.2003 in CMWP No. 1213 of 1999 of the High Court of Judicature at Allahabad.

2. Heard learned counsel for the parties and perused the record.

3. The respondent has a degree of B.A.M.S.(Bachelor of Ayurvedic Medicine and Surgery). She alleged in her writ petition filed in the High Court that she had all the requisite qualifications to be appointed as Medical Officer in the U.P. State Services. She was appointed vide order dated 1.8.1997 under the Anshkalik (temporary) Scheme of the State Government and was posted at a Government Female Hospital in Bulandshahar district.

4. It is alleged in her writ petition that to avoid the claim of regular service of the writ petitioner the State Government acted against the spirit of law laid down by this Court in Rattanlal and others vs. State of Haryana and others1 AIR 1987 SC 478 and in Rabinarayan Mohapatra vs. State of Orissa and others2 AIR 1991 SC 1286 and other decisions given from time to time by this Court, declaring illegal the policy of making ad hoc appointment having time bound period and thereafter terminating the services of the











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