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.