PARVEEN KUMAR KAPOOR Vs. PUNJAB STATE ELECTRICITY BOARD

JUDGEMENT

(1.) Is an employee entitled to the benefit of ad hoc service for the purpose of determination of seniority in a case where the rule provides that the seniority shall be determined "from the date of joining the service on regular basis". This is the short question that arises for consideration in this case. A few facts may be noticed.

(2.) The petitioner was appointed as a Junior Draftsman vide order dated August 30, 1976. In pursuance of this order he had joined service on September 3, 1976. Vide order dated December 21, 1979 the petitioner's services were regularised with effect from April 1, 1978. A copy of this order has been produced as Annexure P-6 with the writ petition. In this order it was categorically mentioned that "he will be assigned seniority as Junior Draftsman in terms of Secretary PSEB Patiala circular memo No. 110533/111333/Eng.27(44), Vol. III, dated 19.9.1978". A copy of the aforesaid circular has been produced by the petitioner as Annexure P-3 with the writ petition. This was the circular by which the Board had decided to regularise the service of persons who had been appointed on purely ad hoc basis. The conditions for eligibility for regularisation were laid down in paragraph 5. It was further provided as under :-

(3.) This matter was listed before a Bench of this Court for preliminary hearing on July 3, 1997. The counsel had asked for time to enable him to produce the seniority lists which had been issued by the Board after his recruitment. The case was adjourned for today. The petitioner has filed an affidavit along with which he has produced extract from the seniority list which had been issued by the Board vide its letter dated July 27, 1982. He has also produced extract from another list which had been circulated by the Board vide memorandum dated March 9, 1992. The affidavit as well as the seniority lists are taken on record.