ZAKI AHMED Vs. RAM CHANDER

JUDGEMENT

(1.) RE.:- CAN No.049 of 2011 On perusal of this application this Court holds that the documents which the appellant wants to bring on record by way of additional evidence, are relevant for deciding the instant appeal finally.

(2.) AS such, the appellant"s prayer for production of those documents by way of additional evidence stands allowed.

(3.) THE only question which is involved in this appeal is as to whether the seniority should be given to the appellant by taking into consideration his initial promotional order on ad-hoc basis after regularization of his service. THE answer to the said question can be traced out from the Constitutional Bench judgment of the Hon"ble Supreme Court in the case of the Direct Recruit Class-II Engineering Officers Association and Ors "vs- State of Maharashtra reported in AIR 1990 SC 1607 wherein it was clearly laid down as to when and under what circumstances the appointee on promotional post on ad-hoc basis can get the benefits of the period of such service for the purpose of counting his seniority after regularization of his service. THE relevant part of the said judgment which is pertinent to the matter in issue in this appeal, is set out hereinunder.