The main legal point established in the judgment is the determination of territorial jurisdiction based on the cause of action and the appropriate forum for filing the claim petition.

J.C.S. Rawat, Chairman

1. The petitioner has filed this claim petition under Section 4 of the U.P. Public Services Tribunal Act, 1976 for the following relief:- .

“Therefore, the petitioner most respectfully and humbly prays this Hon'ble Tribunal that;

(a) the impugned order Annexure-A 1 to this claim petition be kindly held and declared arbitrary, wrong, against fundamental, constitutional and civil rights of the petitioner, illegal, against rules, orders natural justice and be kindly quashed and set aside;

(b) a declaration be made that the 'petitioner is entitled to have notional promotion to the pay scales of Dy. Chief Medical Officer and Joint Director w.e.f. 16.03.1979 and 01.01.1986 respectively under NEXT BELOW RULE or in the alternative on completion of every 12 years service i.e. 29.12.1982 and 29.12.1994 respectively with all consequential benefits of pay of the promoted posts, pension and other retiral benefits;

(c) the respondents be kindly ordered to pay to the petitioner arrears of his salary based on the promoted scales of pay, retiral benefits, revised Rate of pension etc. together with interest thereon @ 12% per annum from the date of accrual to the date of actual payment to the petitioner;

(d) any other relief in addition to or in modification of above, as the Hon'ble Tribunal deems fit and proper be granted to the petitioner against the respondents; and

(e) Rs.15,000/- as costs of this claim petition be awarded to the petitioner against the respondents.”

2. It is admitted case of the parties that the petitioner was appointed to the post of Medical Officer in the year 1970 and one Dr. Raghav Chandra Yadav was also appointed as Medical Officer in the year 1971 on ad-hoc basis. The petitioner has been discharging his duties since then. The State Government in consultation of the Public Service Commission accorded approval to regularize 422 ad-hoc Doctors including the petitioner and the Dr. R.C. Yadav and they were made regular on 18.2.1975 by an order issued by the State of U.P., (Annexure-A-2 to the C.P.) The petitioner tendered his resignation w.e.f. 1.3.1973 but it was not accepted. The petitioner was not paid the salary for the said period from 1.3.1973 to 23.4.1975. The petitioner filed a claim petition before the U.P. Public Services Tribunal for the recovery of salary and allowances from the State of U .P. The said petition was allowed in the year 1993 and the State of U .P. was directed to make payment of the dues of the petitioner for the period 24.9.1973 to 31.3.1975 together with interest. It was further directed that the petitioner would also get all the consequential benefits from 31.1.1981 onwards treating him to be in continuous service as if no resignation was ever tendered by him. Thereafter the petitioner was allowed to join and posted in Pithoragarh Hospital and thereafter he was transferred to Tehri Garhwal. In the year 1983, a seniority list was published; the persons who had been selected by the Public Service Commission in the year 1972, were placed senior to all the temporary appointees, even if they had been appointed prior to 1972 and the persons who were appointed prior to the direct recruits, were placed below the selected candidates. The matter was challenged before the Court. Ultimately the Hon'ble Supreme Court in Dr. Chandra Prakash & others Vs. State of U.P. allowed the claim of the appointees who were placed below the regularly appointed candidates by the Public Service Commission. The State Government was directed to fix the seniority of all the Doctors in P.M.H.S. Cadre from the date of the orders of their initial appointments within a period of six months from the date of the order of the Hon'ble Apex Court and they were also given all the consequential benefits including promotion and seniority. The Doctors, who were selected in the year 1972,1977-78 and 1978-79 by Public Service Commission and were not issued any order of appointment and joined the services on the dir