IMPORTANT POINT
The court ruled that denial of promotion and salary arrears based on seniority is arbitrary and discriminatory, mandating compliance with prior court orders.

JUDGMENT :

Irshad Ali, J.

1. Heard Sri Hari Prasad Shukla and Sri Ashok Shukla, learned counsel for the petitioners and Sri Shiv Ganesh Singh, learned Additional CSC for respondent - State.

2. This bunch of writ petitions is being decided by means of a common judgment and order as the controversy involved in the writ petitions is similar in nature treating Writ-A No.13992 of 2019 to be leading writ petition and the order passed thereon shall be equally applicable to all the connected matters.

3. The controversy involved in the present bunch of writ petitions arises due to denial of extension benefit granted by Hon'ble Supreme Court of India in Writ Petition No.43 of 1998; Dr. Chandra Prakash and others Vs. State of Uttar Pradesh and others decided on 04.12.2002, reported in 2002 (10) SCC 710, the petitioners preferred present writ petitions with following prayer:

i) Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 20.05.2005 upto extent of denial of promotion on higher post and denial of payment of arrears of salary and order dated 01.11.2018, whereby the respondents said that all the benefits have been given to the petitioners.

ii) Issue a writ, order or direction in the nature of mandamus commanding the respondents to examine the case of the petitioners to grant the benefit of judgment and order passed by this Hon'ble Court and Hon'ble Supreme Court of India in respect of grant of promotion and position, selection grade and arrears of salary from the date of notional promotion as the same has been given by the respondents to other similarly situated persons.

iii) Issue a writ, order or direction in the nature of mandamus commanding the respondents to promote and provide the position with all incidental and consequential benefits including selection grade of Rs.4500-5700 to the petitioners as per direction of Hon'ble Supreme Court of India.

iv) Issue a writ, order or direction in the nature of mandamus commanding the respondents to fix and revise the pension of the petitioners as per rules and pay the arrears of salary as well as arrears of pension with interest at market rate.

v) Issue a writ, order or direction in the nature of mandamus commanding the respondents to provide the selection grade for the post of Joint Director in the pay scale of Rs.4500-5700 as per Government Order dated 29.12.1997, as the same benefits have been given to other similarly situated persons.

vi) Any other writ, order or direction, as this Hon'ble Court may deem fit and proper and to award the cost of the petition to the petitioners.

4. There was a dispute in respect of determination of seniority and extension of benefit of promotion and position between the regularly selected and appointed medical officers and medical officers appointed by the Departmental Selection Committee (DSC) on adhoc basis finally deciding the case of Dr. Chandra Prakash (Supra) on 04.12.2002, wherein Hon'ble Supreme Court of India has held as under:

"We accordingly allow the writ petitions and declare that (1) the writ petitioners are not within the purview of Rules of 1979, (2) the State Government will fix the seniority of all doctors in PMHS Cadre from the date of orders of their initial appointment within a period of six weeks from the date of this order and give all consequential benefits including promotions and positions on the basis of such seniority list and, (3) those doctors, who were selected in year 1972 and 1977-78-79 by Principal Secretary and who were not issued orders of appointment and joined the service on the basis of Tandon's case, will be treated as having been appointed on the date they actually joined the service and their seniority will be counted from that date."

5. In compliance of judgment and order of Hon'ble Supreme Court of India dated 04.12.2002, on 05.06.2003 the respondents circulated the seniority list of medical officers of Uttar Pradesh Medical and Health Department and in the seniority list, name of