UNION OF INDIA Vs. NEELAM AGGARWAL

JUDGEMENT

(1.) This writ petition has been filed seeking quashing of order dtd. 13/3/2018 (Annexure P-5) passed by the Central Administrative Tribunal, Chandigarh (for brevity 'the Tribunal') allowing the Original Application (OA) filed by respondents No.1 to 21 in this petition (hereinafter referred to as 'respondents') and granting the benefit of GPF- cum-Old Pension Scheme (for short 'OPS') prevalent at the time of their initial appointment.

(2.) The factual matrix relevant to the issue raised and canvassed in the petition is that respondents were appointed on ad-hoc basis in Post Graduate Institute of Medical Education and Research Centre, Chandigarh (for short 'PGIMER') on different dates between the period i.e. 12/6/1996 to 24/12/2003 on the post of Lecturer. The post of Lecturer was later re- designated as Assistant Professor. The appointment letter stated that they were being appointed purely on ad-hoc basis and this appointment will not bestow on the person a claim for regular appointment or ad-hoc service rendered would not count for the purpose of seniority in that grade or for the eligibility of promotion to the next grade.

(3.) Due to some administrative exigencies, recruitment of doctors on regular basis was delayed and keeping in view the working and services provided by PGIMER and also considering larger public interest and exigencies of services ad-hoc appointments were made. Later, regular recruitment process was initiated for filling up vacancies for the post of Assistant Professor. The respondents also applied and got selected on various dates ranging between 21/12/2005 to 23/4/2011.