BODHA LALL Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition is directed against the order dated 24.8.1999 (Annexure-11), passed by the Central Administrative Tribunal, Patna Bench, in O.A. No. 195 of 1995 (Bodha Lall and Anr. v. The Union of India and Ors.), whereby the original application preferred by the two original applicants has been rejected. The second applicant before the Tribunal has not joined the present writ petition and it is, therefore, confined to the present writ petitioner. The petitioner seeks the benefit of continuous officiation as Investigator from 30.4.1981 till 11.5.1985.

(2.) A brief statement of facts essential for the disposal of the writ petition may be indicated. The petitioner was appointed as Statistical Assistant on 14.4.1971. He was appointed as Tabulation Officer on a purely temporary and ad hoc basis for a period of three months with effect from 30.1.1980, or till the date the post was filled in on a regular basis, whichever was earlier, vide order dated 30.1.1980 (Annexure-1). He was similarly appointed as Investigator on a purely temporary and ad hoc basis for a period of one year or until further orders, whichever was earlier, with effect from 30.4.1981, vide order dated 25.5.1981 (Annexure-2). The Services of the petitioner and other similarly circumstanced persons were not being regularised as Tabulation Officers leading to a writ petition in the Patna High Court. The same was disposed of by order dated 20.9.1985, whereby the respondent authorities were directed to take appropriate steps. In pursuance of the order of the High Court, the respondent authorities issued order dated 26.12.1985 (Annexure-3), whereby the services of the petitioner, apart from others not before us, were regularised as Tabulation Officer with effect from 20.3.1985. This was followed by notification of the Union of India, whereby the posts of Tabulation Officer and the Investigator were combined together. In other words, the post of Tabulation Officer was abolished, the cadres were merged, and all of them were designated as Investigators. The petitioner was accordingly appointed and/or treated as an Investigator with effect from 11.5.1985, vide order dated 2.1.1986 (Annexure-4). The respondent authorities issued final eligibility list of Investigators, in the nature of a combined gradation list, reflecting the position as on 1.4.1991, vide Government notification dated 12.3.1993 (Annexure-5). Dissatisfied with his position in the list, the petitioner preferred the aforesaid O.A. No. 195 of 1995, wherein the following reliefs have been sought:

(3.) Learned Counsel for the petitioner submits that he is entitled to the benefit of continuous officiation as Investigator for the period 30.4.1981 to 11.5.1985, because the officiation was continuous and without break. He relies on the judgment of the Constitution Bench of the Supreme Court in The Direct Recruit Class-II Engineering Officers Association and Ors. v. State of Maharashtra and Ors., 1990 AIR(SC) 1607.