RAJBIR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) - Special Leave granted.

(2.) It is well settled by several decisions of this Court that an appointment against a purely temporary ad hoc or fortuitous post does not entitle the holder of the post to be a member of the service and as such, such fortuitous or ad hoc appointment does not entitle the holder of the post to get the benefit of the period of such ad hoc or fortuitous service. Nevertheless, if a person is appointed against a substantive vacancy and is subsequently promoted to continue on ad hoc basis to hold such posts for a number of years, then, in that case the appointment though made on ad hoc basis has to be taken into consideration in reckoning the seniority of the holder on that basis. In the instant case, there is no whisper on the part of the Railway Authorities that the appellants who are already member of the service by being appointed in class IV posts since 1971 and subsequently promoted in 1975 on ad hoc basis after holding regular tests and finding them qualified to be promoted and has actually been regularised and promoted in class III service and their services were subsequently regularised in the said posts in 1986. In such circumstances, it cannot be said that such ad hoc service for a period of about 11 years will not be taken into account in determining the seniority of the holders of the class 111 post, i.e. the appellants. It has also been clearly averred that in similar circumstances some of the juniors of the appellants who had been given seniority from the date of regularisation and were allowed the benefit for the period of ad hoc promotion. Similar application was filed before the Central Administrative Tribunal, New Delhi by Shri Chander Mohan Sharma and others being Regn. No. O.A. 989/ 86. It came up before the Principal Bench of the Central Administrative Tribunal, New Delhi and the Tribunal by their order directed that the seniority of the appellants as Clerks should be reckoned on the basis of their continuous officiation from 1983. It was also directed that on the basis of their revised seniority they should be considered for promotion to the next higher grade of Senior clerks from the date when their next juniors were considered. These averments have not at all been denied or controverted in any manner whatsoever by the affidavit in counter filed on behalf of the Railways by one V. M. Kutty, Divisional Personnel Officer (Special) in the Office of the Divisional Railway Manager, Northern Railway, New Delhi.

(3.) Considering all these facts and circumstances and also considering the well-settled decisions of this Court we are constraint to hold that the period of 11 years of ad hoc service has to be taken into consideration in determining the seniority of these appellants. The decisions in Ashok Gulati's case, (AIR 1987 SC 424) referred to herebefore has no semblance of application to this case as the facts of that case are totally different from the facts of this case. It has been tried to be contended before us by the learned counsel appearing on behalf of the respondent that since the employees who are likely to be affected by this judgment has not been impleaded, the relief should not be granted until and unless they are impleaded in this case. We are unable to find any merit of this submission for the simple reason that the question of law involved in this case whether a person appointed on a officiating basis to a substantive vacancy and working there for a considerable period of years is entitled to have his period of ad hoc service to be reckoned while being regularised in the promoted posts.