KAUSHAL KUMAR Vs. STATE OF H P

JUDGEMENT

(1.) THE petitioner was appointed on contract basis as General Duty Officer, Grade-II (Medical Officer), in the year 1979 as per Annexure P-1, order of appointment. THEreafter the petitioner was selected through Public Service Commission in the year 1998. THE petitioner is given seniority only w.e.f. the appointment through H.P. Public Service Commission. THE petitioner submits that he is entitled to get seniority w.e.f. the initial date of appointment as has been already granted to his predecessors. Inviting reference to the reply, learned Deputy Advocate General submits that granting the benefit of contract service for the purpose of seniority was followed only up to 1982 and in the case of all those doctors appointed after 1982, no such benefit has been granted. It is made clear in the order of appointment itself that seniority will be available only from the date of appointment through H.P. Public Service Commission. THErefore, there is no basis for the contention that the petitioner should get the seniority w.e.f. the initial date of contractual appointment namely in the year 1979.

(2.) BUT, it is admitted in the reply itself that ......." The adhoc appointed Medical Officers having rendered 5 years continuous service on or before 10.12.1996 were regularized as per the policy circulated by Department of Personnel vide letter No. PER (AP-II)-S/86-III dated 30th November, 1996. Under this policy 14 Medical Officers working on adhoc basis have been regularized on 15.5.1999 and given seniority from the date of their actual joining the post of Medical Officer after regularization."........