VIVEKA NAND Vs. UNION OF INDIA

JUDGEMENT

(1.) THE short question which arises for our consideration in this writ petition is, whether the petitioner is entitled to pay protection on his appointment on regular basis as Data Entry Operator–Grade-II with the Central Pollution Control Board, respondent No.2.

(2.) THE relevant facts are that the petitioner was initially engaged as a Stenographer on daily wages with the respondent No.2 on January 24, 1990. With effect from January 24, 1996 the appointment of respondent No.2 was changed to Stenographer on ad-hoc basis and he was granted the scale of Rs.1200-2040 and the pay was fixed at Rs.1200. Pursuant to the recommendations of the 5th Central Pay Commission, the pay of the petitioner was revised to Rs.4000-6000 and the pay was fixed at Rs.5200.

(3.) APART from the office orders dated August 12, 2010, the respondents had issued an office order dated November 15, 2010 whereby it was decided to pay encashment of 244 days earned leave to the petitioner for the period of his services rendered between January 24, 1996 to October 26, 2008 as Stenographer (ad-hoc).