(1.) AS per the case of the petitioner he was appointed as Junior Engineer (Civil) on a consolidated salary of Rs. 600/ -PM by order of the Government dated 10.2.1984 on work charge basis. He continued to serve on work charge on consolidated salary of Rs. 600/ - until Govt. order No. 175 -PW of 1992 dated 30.4.1992 came to be passed. By this order the Government accorded sanction to the appointment on regular temporary basis of the candidates forming annexure II to the Government order which included the name of the petitioner also. On being so appointed regularly and substantively, service of the petitioner for the purpose of seniority is being reckoned with effect from 1.5.1992. The grievance of the petitioner is that his service rendered on work charge basis from 11.2.1984 up to 30.4.1992 be also reckoned. He made several representations but no action has been taken thereon, hence he has filed the present petition.
(2.) THE post of Junior Engineer is a non -Gazetted post. Before making recruitment, the post was never advertised and the petitioner was appointed on work charge basis on consolidated salary of Rs. 600/ -PM. Admittedly the petitioner has not faced any selection process for being recruited to the post. His appointment therefore is not according to rules. Whether such service can be counted for the purpose of seniority?
(3.) LEARNED Counsel for the petitioner submits that that service has to be counted for the purpose of seniority. In support of his contention he relies upon case, Narinder Chadha v. Union of India, AIR 1986 SC 638 wherein their lordships have held as follows: - - @SUBNS = "When an officer has worked for a long period for nearly fifteen to twenty years in a post and had never been reverted it cannot be held that the officers continuous officiation was a mere temporary local or stop gap arrangement even though the order of appointment may state so. In such circumstances the entire period of officiation has to be counted for seniority. Any other view would arbitrary and violative of Arts. 14 and 16(1) of the constitution because the temporary service in the post in question is not for a short period intended to meet some emergent or unforeseen circumstances Cl (b) of R 9C of the Rules which deals with the question of seniority of promotees becomes irrelevant in the circumstances of such a case as regards the promotees who have been holding the posts from a long time." Their lordships further observed: - - @SUBNS = "The continuance of the promotees could be justified on the basis of the R 16 on the assumption that the Government had relaxed the rules and appointed them to the posts in question to meet the administrative requirement."