AMAR SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) THIS petition has been filed for a direction to respondents to count the service of the petitioner rendered on ad hoc basis from 1.6.1985 to 1.4.1994 towards annual increments. The prayer has also been made that pay of the petitioner may be ordered to be re -fixed on his regularization at that stage after adding nine annual increments of ad hoc service. It has also been prayed that the respondents may be directed to release the arrears of pay to petitioner with interest at the rate of 18% per annum.

(2.) THE case of the petitioner is that he was appointed against JBT post on 5.2.1981 in Govt. Primary School, Behi Pathiar, Tehsil Jawali on ad hoc basis. The petitioner continued as such in different schools with 90 days appointment and after the completion of every 90 days, the respondents reappointed the petitioner for another 90 days and so on. The petitioner continued to work on adhoc basis from 1.6.1985 without any break and worked up to 5.11.1986 against JBT post, thereafter from 6.11.1986 the petitioner started working against the vacant post of PET.

(3.) THE service of the petitioner from 1.6.1985 was required to be counted for the purpose of increments and pay fixation when he was regularized by the respondents, but the same has not been done. The annual increment was given to the petitioner from 1995. The department vide letter dated 27.9.1977 has issued instructions that ad hoc appointment followed by regularization and if there is no break in ad hoc service then the ad hoc service is to be counted for the grant of annual increments. The respondents have given the benefit of annual increments for ad hoc services rendered without break to its employees. The petitioner has made several representations for counting his ad hoc service for grant of annual increment and pay fixation but without any positive result. The petitioner has thus filed the petition by taking the plea that respondents have violated Articles 14 and 16 of the Constitution.