5. We have given our anxious consideration to the submissions made by learned Counsel on both parties and have also perused the records. We find that the Apex Court has made an in-depth examination of issue involved in this case, while dealing with on identical case of similarly placed Officers of Central Health Services i.e. Dr. P.P.C. Rawani and Ors. v. U.O.I. and Ors. and Dr. Harbans Singh and Ors. v. Union of India and Ors. in Civil Miscellaneous Petition No. 8076 of 1997 in C.A. No. 3519 of 1984 and Writ Petition (Civil) Nos. 2620-59 of 1985 and I.A. Nos. 3, 5,6 and 7 of 1990, decided on October 29, 1991 [Reported in (1992)1 Supreme Court Cases, 331]. The Apex Court on detailed examination of the issues includes decided the broad principles to determine the inter-se-seniority of direct recruits v. Ad hoc appointees in Group 'A' cadre and had issued a direction to regularize the ad hoc appointees in Group 'A' cadre w.e.f. January 1, 1973 or the date of their original substantive in accordance with rules whichever is later. The issue has been debated by the Apex Court in Paras 2, 3 and 4 of the aforesaid judgment, which for convenience is reproduced as under:
In Shanti Devi's case the court observed referring to some earlier appeals that sale deed in case of Pritam Singh's case was sufficient guide for the prevailing market price at the time of the notification under section 4 of the Act. Pritam Singh had purchased a plot of land in this very village on 15 December 1956 measuring 514 sq. yds. for a sum of Rs. 10,000.00 .
1. The present appeal has been filed assailing the order dated
12th April, 2010 passed by the Court of Sh. Ashwani Sarpal, ADJ,
Delhi in Execution Petition No.119/08/94 (New No. Ex.M-14/10) with
LAC No.255/68, village Khampur Raya, having case titled as
Harbans Singh & Ors. vs. Union of India.
In this regard it is very relevant to refer the
judgement cited by Mr. Bhattacharya reported in 1985
Lab.I.C. page 269 (Harbans Singh and others Vs. Union of
India and others). The Hon'ble Court in that decision held
that in every trial, whether of a summary nature or
otherwise, it is required that procedure is punctually
observed. The procedural law cannot be held to be
5
directory in nature. It is mandatory because it gives an
opportunity to an offender to defend himself and if the
procedure is violated, the opportunity of defending is
taken away, more so when the punishment is sought to
be inflicted. Procedural safeguards have the protection of
law if the punishment is given in violation of the
procedural safeguards and in violation of the mandate
contained in the Rules, the punishment becomes bad in
the eye of law and shall have to be struck down because it
will be violative of the guarantees contained in Article 14
of the Constitution.