JUDGMENT

D. S. Sinha, J. - Hari Shanker Asopa. a retired Professor of Surgery, belonging to the services of State Medical College in the State of Uttar Pradesh, has approached this Court under Article 226 of the Constitution of India for issuance of appropriate writ, orderor direction in the nature of mandamus commanding the State of U.P. through Secretary, Uttar Pradesh Shasan, Medical and Health Department, Lucknow and the Director of Medical Health and Family Welfare, U.P. Lucknow, arrayed as respondent Nos. 1 and 2 in the petition, to pay him pension and other retirement benefits with effect from the date of his voluntary retirement i.e. 21st Feb., 1983 and also to consider his case for confirmation on the various posts, upon which, he had worked in the Department of Surgery while in service and to confirm him with due date as has been done in the case of other teachers vide Government Order dated 11th Feb., 1985.

2. The uncontroverted facts, as they emerge from the pleadings contained in the petition, are these:

Consequent upon his selection by the U.P. Public Service Commission for the post of Lecturer in Experimental and Clinical Surgery in the services of State Medical Colleges of Uttar Pradesh and approval by the State Government the for Dr. Asopa was appointed on the post of Lecture in the Department of Surgery at S. N. Medical College. Agra. on temporary basis, as is evident from the communication dated 4th Aug., 1964. a true copy whereof is annexure I to the petition, and he joined on the said post in Oct. 1964.

3. In July, 1969, Dr. Asopa was appointed on it substantive post of Reader in Surgery at S. N. Medical College. Agra. vide order tit. 18th July. 1969). This appointment too was temporary in nature. The appointment was to continue fora period of one year till the candidate selected by the U.P Public Service Commission was available, whichever was earlier. Later on by another order (It. 10th Oct.1969) Dr. Asopia was appointed on the post of Reader in surgery temporarily w.e.f. 24th July, 1969. The Government Order dated 4th July. 1970, (Annexure 4 to the petition) indicates that, on the advice of the U.P. Public Service Commission, the Governor of Uttar Pradesh had approved the regular temporary appointment of Dr. Asopa with effect from the date of the said order.

4. After serving for about three years as Reader, Dr. Asopa received further advancement in the career when he was promoted to the post of Professor in Surgery and posted at Maharani Lakshmibai Medical College, Jhansi, vide order dated 9th June, 1972. This appointment also was temporary but was to survive for it period of one year or till the candidate regularly selected by the U. P. Public Service Commission was available or till the services of Dr. Asopa were needed. whichever was earlier. Dr. Asopa joined on the post of Professor at Jhansi accordingly. Again, by means of the Government Order (dt. 3rd Nov., 1973 (Annexure 6 to the petition) the appointment of Dr. Asopa on the post of Professor of Surgery in the services of State Medical Colleges was approved by the Governor of Uttar Pradesh on the recommendation of the U.P. Public Service Commission on temporary and regular basis.

5. Dr. Asopa uninterruptedly served the Government of Uttar Pradesh in the capacities of Lecturer, Reader and Professor of Surgery fora pretty long period of more than 18 years but no steps, as asserted in the petition, were taken by the respondents for his confirmation, although, on his representation dated 12th Oct, 1978, he was informed that the question of confirmation of the teachers of Surgery Department of the State Medical Cullers was under consideration of the Government and the orders in that regard would be communicated to him as it transpires from the communication dated 4th April. 1979, a true copy where of is Annexure 8 to the petition.

6. It appears that in the year 1982 Dr. Asopa felt some difficulty in continuing in the service of the State Medical College