CIVIL WRIT JURISDICTION CASE No.15152 OF 2007 In the matter of an application under Article 226 of the Constitution of India. ***** 1. THE UNION OF INDIA THROUGH THE SECRETARY, MINISTRY OF HEALTH & FAMILY WELFARE, NIRMAN BHAVAN, NEW DELHI-11. 2. THE DIRECTOR GENERAL CENTRAL GOVT. HEALTH SCHEME, NIRMAN BHAWAN, NEW DELHI. 3. THE DEPUTY DIRECTOR ADMINISTRATION CENTRAL GOVT. HEALTH SCHEME, DIRECTOR GENERAL HEALTH SCHEME, NIRMAN BHAWAN, NEW DELHI. 4. THE UNDER SECRETARY, MINISTRY OF HEALTH AND FAMILY WELFARE NIRMAN BHAWAN, NEW DELHI. 5. THE ADDITIONAL DIRECTOR, CGHS INDU BHAWAN, GANDHI NAGAR, BORING ROAD, PATNA-1 ------- PETITIONERS -Versus- DR.SAROJ KUMAR PANDEY S/O LATE HIRALAL PANDEY RESIDENT OF MOHALLA SURATGANJ, STATION ROAD, P.S. TOWN, DISTT. MADHUBANI AT PRESENT RESIDING AT SECTOR-J/114, P.C. COLNY, KANKARBAGH, PATNA-20, PRESENTLY POSTED AS C.M.O. CGHS SUB DISPPENSARY, PATNA CITY. ------- RESPONDENT ****** For the Petitioners : MR. AMINUDDIN AHMAD KHAN & MR. RAJ DULAR SAH, ADVOCATES. For the Respondent : MR. VISHWANATH PRASAD SINHA SR. ADVOCATE. ****** P R E S E N T THE HON'BLE MR. JUSTICE SUDHIR KUMAR KATRIAR THE HON'BLE MR. JUSTICE KISHORE KUMAR MANDAL ****** S.K.Katriar & K.K.Mandal, J.J., This writ petition is directed against the judgment dated 5 th October, 2006 (Annexure-1), passed by the Central Administrative Tribunal, Patna Bench, Patna, in O.A.No. 520 of 2000 (Dr. Saroj Kumar Pandey Vrs. The Union of India and ors.), whereby the petitioner has been given the benefit of continuous 2 officiation ever since the date of his initial appointment with consequential benefits. A brief statement of facts essential for disposal of the writ petition may be indicated. By order dated 30-08-1988 (Annexure-2), passed by the authorities on the basis of interview held on the same date, the respondent herein was selected as Medical Officer on “monthly wages basis in the Assam Rifles”. The respondent joined on 29.09.1988. He continued to function without any break. Ultimately, on the recommendations of the Union Public Service Commission, the respondent’s services were confirmed with effect from 21.09.1994 (Annexure-3). Dispute arose whether or not the respondent herein was entitled to his seniority with effect from his initial date of joining, or with effect from 21.09.1994, leading to the aforesaid O.A. No. 520 of 2000, which has been allowed by the impugned order. We have perused the materials on record and considered the submissions of learned counsel for the parties. We entirely agree with the conclusion arrived at by the learned Tribunal that the respondent herein is entitled to his seniority with effect from the original date i.e. 29.09.1988, when the respondent had originally joined. We further agree with the finding of the Tribunal that the petitioner served Assam Rifles continuously, and without break ever since 29.09.1988 till 21.09.1994, and indeed till date he continues to be in service. The admitted position is that the petitioner’s initial entry into service was on the basis of an objective consideration of his candidature which included viva- 3 voce test. The respondent’s case is squarely covered by the following observations in paragraph 44(B) of the Judgment of the Supreme Court in the case of Direct Recruit Class II Engg. Officers’ Assocn. Versus State of Maharashtra, reported in AIR 1990 SC 1627. “(B) If the initial appointment is not made by following the procedure laid down by the rules but the appointee continues in the post uninterruptedly till the regularization of his service in accordance with the rules, the period of officiating service will be counted.” We, therefore, entirely agree with the impugned judgment. In the result, this writ petition is dismissed. Patna High Court, Dated the 11th February, 2010, Sym ( (S.K.Katriar,J) ( Kishore K. Mandal, J.)