STATE OF ORISSA Vs. PRARI MOHAN MISHRA

JUDGEMENT

(1.) DELAY condoned. Heard learned counsel for the parties.

(2.) LEAVE granted.

(3.) ADMITTEDLY , there is no order communicated to the respondent appointing him in a substantive capacity as Director. The only order passed in his favour was of July 22, 1972. That order clearly shows that he would continue temporarily until further orders in terms of the order of appointment made on ad -hoc basis on August 12,1971. In other words, mere prolonged of continuous ad -hoc service does not ripen into a regular service to claim permanent or substantive status. He would remain to be on ad -hoc basis until further orders. Since the government had taken policy decision to appoint an LA.S., he was rightly reverted to the post of Joint Director. Accordingly, we hold that his reversion is perfectly legal and valid. However, the stark facts remain that he continued in the post of Director and discharged his duties as Director from August 12,1971. In these circumstances, as a mark of good gesture but not as a precedent, the appellants are directed to give him pensionary benefits computing his pay as if he voluntarily retired as a Director from December 16,1977. All the proceedings now stand concluded.