KUNDAN RAM Vs. REGIONAL PROVIDENT FUND COMMISSIONER

JUDGEMENT

(1.) PRESENT petition is filed seeking writ of mandamus commanding the respondent to count/add the entire officiation period of the petitioner towards seniority on the post of Upper Division Clerk (hereinafter referred to as "UDC") and further to re -fix the seniority in the gradation/seniority list, and to consider the petitioner for promotion to the post of Section Supervisor.

(2.) BRIEF facts of the present case, inter alia, are that undisputedly the petitioner was appointed as Lower Division Clerk (hereinafter referred to as "LDC") in Employees Provident Fund Organization, Sub -Regional Office, Haldwani, District Nainital; vide order dated 23.3.1987, Annexure No. 1 to the writ petition, petitioner along with three other LDCs was promoted purely on ad hoc basis on the post of UDC in the pay -scale payable to the UDCs; thereafter vide order dated 12.1.2001, the petitioner and other ad hoc UDCs were regularized/regularly promoted on the post of UDC with effect from 29.12.2000; vide order dated 30.3.2001, the petitioner and others, who were regularly appointed/promoted as UDCs with effect from 29.12.2000 were given upgraded pay -scale of Rs. 5000 - 150 -8000 with effect from 29.12.2000; while preparing the seniority list of the UDCs, seniority of the petitioner was fixed with effect from 29.12.2000 i.e. the date when the petitioner was appointed/promoted on regular basis on the post of UDC, and his past services on the post of UDC, which he has discharged on the basis of ad hoc promotion, were not counted. Feeling aggrieved, the petitioner has preferred the present writ petition.

(3.) I have heard Mr. Ravi Babulkar, learned counsel appearing for the petitioner and Ms. Anjali Bhargava, learned counsel appearing for the respondent, and have carefully perused the record.