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State Of Orissa & Anr vs N.N. Swamy & Ors. Etc on 27 January, 1977

Finally, the Supreme Court directed that the prior teachings experience should also be taken into account to consider their eligibility for appointment as Readers, though their suitability to the posts was directed to be decided by the Public Service Commission. The only difference between the cases referred to above and the one on hand is that Lectures were concerned in those cases, while, we have a similar problem with reference to Health Inspectors here. There is absolutely no justification whatever to totally obliterate the past experience and services rendered by the Health Inspectors in the Rural Institute, and to consider them as new entrants only with effect from 1st April, 1973, for purposes of extending to them other service benefits, especially when they were faced with one of two alternatives, either to join the services as offered or to quit. Under those circumstances, the communication of the first respondent in Letter No. 26968/L1/82-18, Health, dated 7th January, 1984, cannot at all be sustained and it is quashed accordingly. The respondents are also further directed to take into account the past services put in by the Health Inspectors in the Rural Institute while considering their entitlement to promotional and other services benefits. The rule is made absolute. There will be no order as to costs.
Supreme Court of India Cites 4 - Cited by 34 - P K Goswami - Full Document

N.M. Swamy vs State And Anr. on 9 March, 1971

4. The learned Counsel for the petitioner-Union contended that the Health Inspectors whose services had been taken over by the State Government under G.O.Ms. No. 1456, Health and Family Planning Department, dated 12th June, 1973, had put in different periods of service in the Rural institute where they were serving earlier and the State Government while taking them over from the Rural Institute with retrospective effect from 1st April, 1973, cannot totally ignore the period of their past services in the Rural Institute of or purposes of considering the promotional and other service benefits. Strong reliance in this connection was placed by the learned counsel for the petitioner-Union upon the decision in N. N. Swamy v. State, confirmed by the Supreme Court in State of Orissa v. N. N. Swamy . On the other hand, the learned Additional Government Pleader submitted that the taking over of those services of the members of the petitioner-Union Government servants was only from 1st April, 1973, though the relevant Government Order in that regard was passed on 12th June, 1973 and having regard to the terms of the Government Order providing for the taking over of the services of the Health Inspectors of the Rural Institute, the petitioner-Union or its members cannot be heard to contend that the period of their past services ought to be reckoned for purposes of other services benefits as well as promotional opportunities.
Madras High Court Cites 9 - Cited by 2 - Full Document
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