MOHAN CH DEKA Vs. STATE OF ASSAM

JUDGEMENT

(1.) The petitioners in the all these writ petitions were appointed on ad-hoc basis as Deputy Director of Industries and Functional Manager, an equivalent post, by the orders of appointment passed by the competent authority at different point of time from the year 1987 onwards. The petitioners though initially appointed on ad hoc have been allowed to continue without any interruption till date. Subsequently in terms of the condition of appointment, the petitioners appeared before the Assam Public Service Commission for selection and the Commission after completion of selection process recommended their case for appointment. The notification dated 19.9.1995 issued by State Government shows that the writ petitioner in W.P.(C) No. 579 of 2001 was regularized in service in the cadre of Assistant Director of Cottage Industries with effect from the date of recommendation 29th December, 1994 by the Commission. Similarly, notifications regularizing the services of other writ petitioners have been issued in all other writ petitions with effect from the date of their recommendations.

(2.) Mr. Choudhury, learned counsel for the petitioners submitted that the petitioners on appointment on ad hoc basis, except the petitioners of W.P.(C) No. 832 of 2002, W.P.(C) No. 7127 of2000 and W.P.(C) No. 1309 of 2003, were given the benefits of increment on completion of a year of service. According to Shri Choudhury, the writ petitioners who have been allowed to continue since the date of appointment on adhoc basis are entitled to the benefit of annual increment, particularly because of the fact that their services have been regularised on the recommendations of the Commission. In support of this contention, Shri Choudhury has referred to a judgment delivered by this Court in Tarun Tamuli -Vs.- State of Assam and ors. 2001(1) GLT 87. It would be apt to quote hereinbelow the relevant observation recorded in the aforesaid judgment.

(3.) It is clear from above observation recorded in Tarun Tamuli (supra) that the writ petitioners in the instant case will be entitled to the benefit of annual increment from the date of their initial appointment since they have been regularised in service, though regularisation has been with effect from the date of recommendation by the Commission. This decision will not be applicable in respect of seniority of the writ petitioners which for all purposes will have to be computed from the date of their regularization in order of merit as indicated in the recommendations of the Commission.