UNION OF INDIA Vs. AVINASH MISHRA

JUDGEMENT

(1.) THIS writ petition was heard along with WP (C) No. 2146/2004 as both these petitions raised the same issues in similar background of facts and circumstances. We have already disposed of W. P (C)No. 2146/2004 vide our decision dated 2. 5. 2008. We now proceed to dispose of this writ petition in light of the observations made in the aforesaid writ petition, that is WP (C) No. 2146/2004

(2.) THE short question involved in this writ petition under Article 226 of the constitution of India is whether the ad hoc uninterrupted service rendered by the respondent for a period of about 3 years between the period May, 1996 to july, 1999 prior to the regular selection of the respondent to the post of senior Research Officer (Civil Engineering) in Planning Commission, Government of India, could be counted or not, for the purpose of considering his eligibility for promotion to the post of Deputy Adviser (irrigation) in the said department.

(3.) VIDE notification dated 17th May, 1996, the respondent, who was serving as research Officer, in Planning Commission, was appointed as Senior Research officer (Civil Engineering) on ad-hoc basis, with effect from 14th may, 1996 for a period of 1 year or till such time as regular arrangement to fill up the post are made in consultation with the UPSC, whichever was earlier. The aforesaid orders also specifically stated that the period of adhoc appointment of the respondent will not vest in him any right to claim for regular appointment. On 2nd July, 1997, a similar order appointing the respondent on adhoc basis as an Senior Research Officer (Civil Engineering) w. e. f. 17th may 1996, for a period of 6 months or till such time as regular arrangement to fill up the post are made in consultation with UPSC, whichever was earlier, was issued. Thereafter, from time to time similar notifications were issued extending the adhoc appointment of the respondent.