- (1.) The Larger Bench of this Court in D.B. Special Appeal Writ No.589/2015 (State of Raj. & Ors. Vs. Chandra Ram) & other connected appeals has observed as under :- 37. QUESTION A For the reasons and discussions aforesaid and in view of the law declared by the Supreme Court in the case of Jagdish Narain Chaturvedi and Surendra Mahnot & Ors. ; we are of the opinion that the respondent employee would stand regularized from the date of regularization in service and not prior to that. 38. QUESTION B Taking into consideration the recent decision, prior to two decades the regularization period was not questioned by anybody, therefore, in a writ petition filed by the petitioner it will not be appropriate for us to allow the Government to end the regularization. However, regularization will be from the date of regularization done by the department and not prior thereto. 39. QUESTION C The contention of the counsel for the employees is required to be accepted and it cannot be annulled unless it has been annulled by appropriate authority. However, the benefits shall not be withdrawn but in future when the benefits are to be accorded for further promotion, the same will be considered on the basis of new law declared by the Supreme Court i.e. period will be considered from the date of regularization. When the future benefit of 9, 18 and/or 27 will be considered their ad-hoc service will not be considered for the purpose of benefit of 9, 18 and/or 27 years. But if benefit has already been granted for all the three scales; the same shall not be withdrawn and no recovery will be made from the employees. 40. QUESTION D In view of our answer in above matters, it is very clear that for the purpose of regularisation the date of regularisation will be from the date of regular appointment. In that view of the matter, there cannot be two dates for the purpose of seniority and the other benefits. However, earlier services will be considered for the purpose of the same if there is a shortage in pensionary benefits. 41. QUESTION E In view of the observations made by the Supreme Court, as referred to above, the adhocism will not be considered for seniority. In that view of the matter, there will be only one date for regularization, date of regularizing ad-hoc period will not have any effect on seniority. In our considered opinion, the Division Bench of this Court in the case of State of Rajasthan & Ors. vs. Gopa Ram in DB Civil Special Appeal No.44/2016, decided on 18.04.2016 had no right to distinguish the judgment of the Supreme Court in the case of Jagdish Narayan Chaturvedi and State of Rajasthan vs. Surendra Mohnot & Ors. . Thus, the decision of State of Rajasthan & Ors. vs. Gopa Ram did not lay down correct law. The correct law would be the law declared by the Supreme Court in the two judgments referred hereinabove."
(2.) Taking note of the view finally expressed by the Larger Bench of this Court, Sh. S.K. Gupta Additional Advocate General, on instructions, does not want to press the appeal & submits that the action will be taken by the authorities in terms of the judgment of Larger Bench of this Court of which reference has been made.
(3.) With these observations, the present appeal stands dismissed.;