- (1.) The short issue raised in the instant appeal, filed under Clause X of the Letters Patent, is whether the period of ad hoc service rendered by an employee prior to his regularisation could be reckoned for the purposes of grant of seniority and other attendant benefits such as higher pay scale/ACP on completion of 8/18 or 10/18 years of service, additional increment etc. etc. The State of Haryana and its officers have filed the instant appeal under Clause X of the Letters Patent against the judgment dated 19.7.2010 rendered by the learned Single Judge. The writ petition filed by the petitioner-respondent No. 1 has been allowed by setting aside the seniority lists dated 1.1.1991 (P-8 and P-9) and order dated 28.2.1992 (P-11). The appellants have been directed to count the ad hoc service rendered by him w.e.f. 11.5.1970 to 25.2.1973 for all intents and purposes. In that regard, the learned Single Judge has placed reliance on a Division Bench judgment of this Court rendered in the case of Hanumant Singh and others v. State of Haryana and others (CWP No. 7862 of 2006, decided on 4.7.2008). The view of the learned Single Judge is discernible from his short order, which reads thus: "Having thoughtfully considered the submissions made by the learned counsel for the parties, I am of the view that the petitioner is entitled to the benefit of the adhoc services rendered by him. It is not in dispute that the petitioner has rendered adhoc service as Clerk with effect from 11.5.1970 to 25.2.1973. It is also not in dispute that the adhoc service rendered by the petitioner was followed by regular service because he was appointed as Clerk on regular basis on 26.2.1973. The controversy regarding grant of benefit of adhoc service for the purpose of seniority, pension etc. has been dealt with by this Court in Hanumant Singh's case in which it has been held that the adhoc service followed by regular service shall be counted for the purpose of grant of higher pay scale/ACP on completion of 8/18 or 10/18 years of service, additional increment in the running scale on completion of 10/20 or 8/18 years of service, pension, seniority etc. In view of the aforesaid discussion, the present writ petition is allowed and the order Annexures P.8, P.9 and P.11 are quashed. Accordingly, the official respondents are directed to count the adhoc services rendered by the petitioner with effect from 11.5.1970 to 25.2.1973 for all intents and purposes in the light of judgment rendered by this Court in Hanumant Singh's case . It is further directed to the official respondents to release all the consequential benefits to the petitioner within a period of six months from the date a certified copy of this order is received."
(2.) It is conceded position that the petitioner-respondent No. 1 worked as Clerk on ad hoc basis with effect from 11.5.1970 to 25.2.1973. He was appointed as Clerk on regular basis on 26.2.1973. He filed the writ petition challenging seniority lists dated 1.1.1991 (P-8 and P-9) and order dated 28.2.1992 (P-11), vide which Shri Joginder Pal Adia-respondent No. 2 has been promoted to the post of Deputy Superintendent (Office). The precise grievance of the petitioner-respondent No. 1 was that if the aforementioned period of ad hoc service rendered by him is counted then he would become senior to respondent No. 2.
(3.) It would be necessary to set out some additional facts which have direct bearing on the issue raised in the instant appeal and are available on record. The name of the writ petitioner LPA respondent No. 1 was requisitioned from the employment exchange, which was forwarded to the Director General of Police, Haryana-appellant No. 2. A committee was constituted by appellant No. 2 and all the documents concerning eligibility and qualifications for the post of Clerk were scrutinised. Thereafter the writ petitioner-respondent No. 1 appeared in the written test. He was declared successful after the interview by the Assistant Inspector General of Police, Haryana, against the quota reserved for Scheduled Castes. Accordingly, an appointment letter was issued on 11.5.1970 (P-1), which incorporated various conditions. The opening para of the appointment letter would show that the appointment was for a period of six months or till the date candidates belonging to Scheduled Caste category are selected by the Subordinate Services Selection Board, Haryana and report for duty. Under clause 2 and 6 of the appointment letter following stipulations were made :- "2. It should be clearly understood that this proposal of appointment is for a temporary vacancy and no assurance of a permanent service subsequently can be given, as a vest your services can be dispensed with, without notice i.e. when there will be no such vacancy against which your appointment can be continued with." 6. You are again informed that your service will not be required when candidates belonging to Scheduled Caste category selected as clerks by S.s. Board, Haryana join. Therefore, it is in your interest that you clear the examination of clerk when conducted posts advertised by S.S. Board, Haryana.";