LAWS(HPH)-2006-12-80

MEHAR CHAND Vs. STATE OF H.P.

Decided On December 18, 2006
MEHAR CHAND Appellant
V/S
STATE OF H.P. Respondents

JUDGEMENT

(1.) The applicant herein has claimed the relief of directing the respondents to count the past service rendered by the applicant as TGT (Arts) w.e.f. December 2, 1983 to March 31, 1994 for the purpose of benefit of increments and other consequential benefits including counting of such service towards qualifying service for pension purposes.

(2.) The sum and substance of the case of the applicant as made out in the original application is that he was .appointed as TGT (Arts) on December 2, 1983 for 90 days on ad hoc basis. Thereafter he continued to serve as such with a few fictional breaks in between. However, since August 18, 1988 till March 31, 1994 he continued to serve on ad hoc basis without any break and his services were regularized w.e.f. April 1, 1994. It is further case of the applicant that since his ad hoc appointment was followed by regular appointment, therefore, he is entitled for the benefit of ad hoc service as claimed in the original application and also on the ground that similarly situate persons as the applicant is had been given the benefit of counting of ad hoc service by the respondents/this Tribunal.

(3.) The respondents filed reply contesting the claim of the applicant on the grounds that ad hoc appointment of the applicant was not continuous but there were different breaks and the claim is now time barred, therefore, the applicant is not entitled for the relief claimed.