UNION OF INDIA Vs. B L SHARMA

JUDGEMENT

(1.) This petition challenges Tribunal order dated 9.1.2003 allowing respondent's OA No. 297/2002 and directing petitioners to grant them the benefit of their uninterrupted ad hoc service on the post of Junior Analyst from 30.6.1994, when they were appointed to the post in the second spell, for all purposes including seniority, pensionary benefits, fixation of pay and promotion and to deem them regularised on this post from this date with consequential benefits.

(2.) These respondents were appointed to the post of Technical Assistant with Staff Inspection Unit (SIU) of petitioner No. 1 in April 1989. They were appointed as Junior Analyst on adhoc basis initially for six months or till regular candidates would become available, whichever was earlier by order dated 6.2.1991. This order also stipulated that their appointment would not confer any right on them to count their period of ad hoc appointment towards their seniority in the grade of Junior Analyst and would not fix their seniority in the grade of Technical Assistant which was the subject matter of OA No. 557/87 (Baljit Singh v. Union).

(3.) The ad hoc tenure of these respondents was, however, extended from time to time. On 1.3.1994, they were later reverted to the post of Technical Assistants. They were, however, again appointed on ad hoc basis as Junior Analyst on 30.6.1994 after four months or so allegedly against the deputation quota posts. In 2000, it appears that an exercise was undertaken to open up some promotional avenues for Technical Assistants upon which seven posts of Technical Assistants were upgraded and available vacancies in the deputation quota diverted to promotion quota with the approval of UPSC & DOP & T as one time measure through which posts were made available in the promotidn quota. A DPC was held pursuant whereto these respondents were regularly promoted to the post of Junior Analyst on 28.8.2002. Subsequently, respondents made a representation for counting of their past ad hoc service from 6.2.1991 towards their seniority, promotion and other benefits which was rejected by order dated 20.7.2001. They then filed OA No. 297/2002 for quashing of this order rejecting their representation and for direction to petitioners to count their ad hoc service on the post of Junior Analyst from 6.2.1991 to 27.2.2000.