H B SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) The short question relating to service jurisprudence which arises for consideration in the instant case is, when claims of all eligible candidates were considered at the time, the current duty charge of promotional post was given to the petitioner and later on the current duty charge was converted into ad-hoc appointment from the date of assumption of charge. This ad-hoc appointment continued uninterruptedly till regularisation of service by the DPC or UPSC. Whether in a case of this nature the promotion should relate back to the date when the petitioner was given ad-hoc appointment and the length of such service should be the basis for determining seniority in absence of any statutory rule or order?

(2.) The petitioner was appointed as an Assistant Assessor and Collector in the Municipal Corporation of Delhi, through direct recruitment in the year 1979. According to the petitioner, the first promotional avenue open to the petitioner was to the post of Assistant Commissioner/Deputy Assessor and Collector. According to the rules, the main requirement for being considered for promotion on regular basis to the said post is 5 years regular service as A.O./A.A. & C, subject to availability of vacancy. Therefore, in the instant case, the petitioner became eligible for appointment to the post of Assistant Commissioner/Deputy Assessor and Collector in the year 1984 when he completed 5 years of regular service on the post of A.O./A.A.& C.

(3.) It is the further case of the petitner that. though the vacancies were available, yet the petitioner was given current duty charge which was later on converted into ad-hoc appointment to the post of Assistant Commissioner/Deputy Assessor and Collector on 13th May, 1986. It is also submitted that the petitioner was appointed on ad-hoc basis to the said post after considering competing claims of all eligible and qualified candidates. It is the further case of the petitioner that the promotion was given against a regular vacancy and this promotion continued till the next D.P.C. selected the petitioner for promotion in the year 1992.