V K CHHIBBER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Does ad hoc service count for seniority? This is the short question that arises in this petition. A few facts may be noticed.

(2.) The petitioner was appointed as an Assistant Employment Officer (Vocational Guidance) Vide order dated October 23, 1969. This appointment was on purely temporary basis and could be terminated "at any time without any notice or assigning any reason." The petitioner's services were actually terminated vide order dated September 13, 1972. On July 9, 1973, the petitioner was again offered appointment on a purely temporary basis for a period of six months or "till such time a candidate recommended by the Punjab Public Service Commission reports for duty in your place whichever is earlier." On July 26, 1982, the petitioner was regularly appointed through the Punjab Public Service Commission. In pursuance to this order, the petitioner joined duty on September 3, 1982. On July 14, 1993, a tentative seniority list was circulated in which the petitioner's name appeared at Sr. No.56. This seniority was assigned to the petitioner on the basis that he had jointed service on September 3, 1982. The petitioner avers that he represented against it. Since no action was taken by the respondents, he has approached this Court through the present writ petition. The petitioner prays that "a writ in the nature of mandamus may be issued thereby directing the respondents to grant him the benefit of service with effect from October 24, 1969 after condoning the break of service from October 4, 1972 to July 12, 1973."

(3.) In response to the notice of motion issued by this court, the respondents have filed a written statement. It has been interalia averred that the period of ad hoc service rendered by the petitioner cannot be taken into consideration for the purpose of determining his seniority.