LAWS(DLH)-2004-5-6

JOGINDER MALHOTRA Vs. A I I M S

Decided On May 27, 2004
JOGINDER MALHOTRA Appellant
V/S
A.I.I.M.S. Respondents

JUDGEMENT

(1.) Petitioner was appointed as a Junior Engineer (C) under the All India Institute of Medical Sciences (AIIMS) vide memo dated 17.12.1982. Appointment was on a purely temporary basis for a period of three months. Appointment continued. On 24.11.1986, services of the petitioner were regularised.

(2.) Petitioner claims that for the purposes of seniority and computation of wages, increments and step up in the grade, benefit of service rendered by the petitioner since 1982 be granted to him.

(3.) As per the respondent, petitioner's appointment vide memo dated 17.12.1982 was ad-hoc and de-hors the rules. Initial appointment was for three months but it was continued. Process of regular selection was commenced and finally, as per the said process of selection, petitioner was regularly appointed on 24.11.1986. As per the respondent, ad-hoc appointment de-hors the rules cannot be treated as regular service, it cannot be treated as service which has to be counted for the purpose of seniority, much less for the purpose of promotion to the next higher post.