SURESH KUMAR Vs. H. P. UNIVERSITY

JUDGEMENT

(1.) One Sher Singh had filed O.A No. 6331 of 2018, before the erstwhile H.P State Administrative Tribunal, and, therein he had arrayed the writ petitioner, as, co-respondent No.3. The relief(s) sought therein by Sher Singh are extracted hereinafter:-

(2.) However, on 4.12.2018, the erstwhile HP State Administrative Tribunal directed the respondent-University, to, after affording an opportunity of personal hearing to the afore Sher Singh, and, to the petitioner herein, hence decide the afore claims reared in O.A No. 6331 of 2018. Consequently, in pursuance thereof, the respondents through Annexure R-8, made a decision, for making rectification(s) of the date of regularization(s) in service, hence against the apposite post(s), of, both the afore(s). The writ petitioner is aggrieved by the afore rectification. Even though, prima-facie the rectification, as, made through Annexure R-8, vis-avis, the date of regularization in service of the writ petitioner, against, the apposite post, may tentatively carry some legal tenacity, in as much, as, it emanates from instructions issued qua therewith,

(3.) The learned counsel for the writ petitioner, further argues, that since one Sher Singh was permitted to render duties, on an adhoc capacity against the apposite post, and, when from commencements thereof(s), the apposite period of 5 years is to be computed, for, the benefit of regularization is made, being meted to the aspirant concerned, (i) thereupon the inaction by the respondent concerned, upon, Annexure P-3, besides with its authorship rather remaining un-controverted, by the respondent-university in its reply, galvanizes an inference, that the afore permissibly purveyable rendition(s) of service, to the petitioner, in an adhoc capacity, by the respondent-University, when hence ensued to him in the year 1993, thereupon he therein held a right to be thereat hence appointed thereagainst, and, or even nowat he is deemed to be appointed thereagainst in the year 1994, whereat he completed three years of service, on, daily waged basis, for, hence his validly seeking qua his being assigned duties on an adhoc basis against the afore vacant post, as, no consequential pecuniary benefit ensue therethrough, to, the petitioner.