B M ARORA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) PETITIONER by way of filing the original application before the Tribunal has claimed that he is entitled to count his seniority from 7-6-1980, i. e. , the date when he was appointed on ad hoc basis to the post of Professor in Radiology in the pay scale of Rs. 1100-1500.

(2.) THE facts leading to the present case are that since the vacancy for the post of Professor in Radiology was lying vacant, therefore, the petitioner was appointed on ad hoc basis on the said post. The Rules regulating the appointment on the regular post of Professor are governed by the Rules, which are known as Medical Education (Gazetted) Service Recruitment Rules, 1987. The post of Professor therein is 100% promotional post and promotion has to be regulated with the concurrence of the Public Service Commission. The matter was referred to the Public Service Commission after giving the ad hoc appointment to the petitioner. By an order dated 16-5-1983, the State government has communicated the petitioner that the Public Service commission has accorded its concurrence by letter dated 20th July, 1982 for the petitioner's promotion to the post of Professor.

(3.) LEARNED Counsel for the petitioner submitted that since the petitioner's initial appointment on ad hoc basis was regularized and the Public service Commission has accorded its approval by letter dated 20th July, 1982, therefore, petitioner is entitled to count his seniority from the first date of appointment on the post of Professor, which was effected by an order dated 7-6-1980 as ad hoc appointment.