LAWS(DLH)-2013-1-8

UNION OF INDIA Vs. R.S.ATAL

Decided On January 04, 2013
UNION OF INDIA Appellant
V/S
R.S.Atal Respondents

JUDGEMENT

(1.) The respondent R.S.Atal had a not too happy career with the DirectorGeneral, Department of Culture, National Museum, New Delhi. He joined service on ad-hoc basis with the National Museum as a Gallery Attendant on February 04, 1978 and was regularized on said post on May 26, 1981. On November 30, 1996 he was appointed to a post in a higher pay-scale on ad-hoc basis for a period of 6 months; and the post is that of a Museum Lecturer, since redesignated as Assistant Curator.

(2.) Being relevant it needs to be highlighted that R.S.Atal's appointment, albeit ad-hoc, as a Museum Lecturer was not fortuitous inasmuch as it was preceded by inviting applications through the Employment Exchange and after circulating the vacancy amongst various departments. A Departmental Selection Committee was constituted to interview the various applicants and draw up a panel.

(3.) Notwithstanding that the office order dated September 27, 1996, pursuant where to applications were invited, expressly stating that the post of Museum Lecturer was in the pay-scale Rs. 1400-2300/-, R.S.Atal was paid a monthly honorarium and it was only when the Central Administrative Tribunal directed vide order dated January 28, 2003 that he should be paid salary in the scale applicable, was he paid salary as a Museum Lecturer in the scale applicable; and suffice would it be for us to highlight that it is plain evident that he continued to work as a Museum Lecturer though his ad-hoc appointment with effect from November 30, 1996 was only for a period of six months.