P K SINGHAL Vs. NATIONAL AIRPORT AUTHORITY

JUDGEMENT

(1.) . The petitioner was working as Deputy Director (Communications) and vide order dated 7.10.91 he was appointed as an Airport Director at Srinagar. The letter of appointment stated that his appointment was on ad hoc basis till further orders and that his appointment will not account for the purpose of seniority nor make him eligible for promotion to the next higher grade Vide order dated 15.6.92 the petitioner was posted to Madras as Dy. Director (Communications) with immediate effect. It is this letter which is sought to be challenged in this W.P.

(2.) The contention of the learned counsel for the petitioner, while relying upon C.B. Dubey vs. U.O.I 75 SLJ 634 and Kuldeep Chand Sharma vs. Delhi Adm. 1978(2) SLR 379, is that the petitioner could not have been reverted to his substantive post except for one of the four reasons mentioned in C.B. Dubey's case. Reliance in C.B. Dubey's case (supra) is placed on the following passage at page 638 :

(3.) The aforesaid observations in C.B. Dubey's case were followed by another D.B. of this Court in Kuldeep Sharmds case (supra) and it was added therein that "An ad hoc appointment, though by its nature a precarious tenure, nevertheless carries a limited right to (hat extent and if such an appointee is reverted without a valid reason, he would be entitled to challenge it and seek on enforcement of the right."