GOVT OF NCT OF DELHI Vs. USHA ANAND

JUDGEMENT

(1.) THE petitioners, Govt. of NCT of Delhi and Anr., have challenged the order dated 3rd March, 2005 passed by the Central Administrative Tribunal, Principal Bench in OA 1501/2004 titled as "Mrs. Usha Anand & Ors. Vs. Govt. of NCT of Delhi and Ors.", allowing the Original Application of the respondents and setting aside the order dated 29th April, 2004 passed by the petitioners and quashing the seniority list issued by the petitioners and directing the petitioners to grant regularization to the respondents from the date of their ad hoc appointment, i.e., 12th December, 1988 and also to reckon their seniority from the said date for all the purposes, including promotion, pension and retirement benefits.

(2.) THE relevant facts to comprehend the controversies are that the respondents were working as lecturers in Guru Nanak Dev Polytechnic, Pusa Polytechnic in the Department of Electronics and Electrical Communication Engineering, New Delhi and as Lecturer (Mechanical Engineering) in G.B. Pant Polytechnic, Delhi. THE respondents had joined the service of the petitioners in different years as Instructors and Demonstrators and later on they were promoted to the post of Junior Lecturers in 1977-79.

(3.) DESPITE the appointment by letter dated 12th December, 1988, formal appointment on regular basis was not done by the petitioners, therefore, Association of Gazetted Officers, Technical Education filed an original application being OA No. 1263/1991, before the Principal Bench of Central Administrative Tribunal seeking regularization of the services from the date of their appointment on ad hoc basis as lecturers. In OA 1263/1991, the Principal Bench passed an order dated 3rd January, 1992, directing the petitioners to pass the formal order regarding the regular appointments of the respondents. While directing the petitioners to issue formal orders regarding the appointments, it was also held that the respondents would also be entitled to reckon their seniority from the dates of their ad hoc appointments and the said period will also be counted as qualifying service for the purpose of pension and other retirement benefits.