RAM SINGH S/O LATE SHRI KISHAN SINGH Vs. SECRETARY MINISTRY OF AGRICULTURE DEPARTMENT OF AGRICULTURE AND COOPERATION AND THE SECRETARY MINISTRY OF PERSONNEL PUBLIC GRIEVANCE AND PENSIONS DEPARTMENT OF PERSONNEL AND TRAINING

JUDGEMENT

(1.) THE applicants in these OAs No. 1344/2006 and 1524/2006 are working on the post of Section Officer (SOs) on ad hoc basis. THEy have filed two identical OAs for a direction to the respondents to continue them to work as Section Officer on ad hoc basis till either they are promoted on regular basis or their services are replaced by regular Section Officers.

(2.) The facts relevant for deciding the two OAs, may be summarized as follows. The applicants were appointed as Assistants under Central Secretariat Service Rules 1962 (Rules 1962) and were allotted to the CSS (Grade-IV) cadre of Department of Agriculture and Co-operation. On 31.8.2005, the applicants in OA No. 1344/2006 (Annexure A-6) were appointed to the post of Section Officer (Group �B� Gazetted) in the pay scale of Rs. 6500-10500 on ad hoc basis in the CSS cadre of the Ministry of Agriculture and Co-operation for a period of one year or till regular incumbent becomes available, whichever is earlier. The order spelt out that the ad hoc appointment shall not confer any right to continue in the grade indefinitely or for inclusion in the said list for regular appointment or to claim seniority in the grade of Section Officer. The applicants in OA No. 1524/2006, were appointed to the post of Section Officer grade in CSS of the Ministry of Agriculture and Co-operation on ad hoc basis by orders dated 5.8.2005 and 19.9.2005 on identical terms and conditions.

(3.) THE bone of contention is the Office Memorandum of the respondents dated 1.5.2006 issued by the Department of Personnel and Training of the Ministry of Personnel, PG and Pensions of the Government of India, copy of which has been filed by the respondents. It appeared that the ad hoc promotion of certain junior Assistants to the post of Section Officer was resented by their seniors in the combined seniority list but working in other cadres/departments and in order to set right the anomaly, the DOP&T reviewed its earlier OM dated 20.4.2005, 25.10.2005 and 13.12.2005 in order to maintain uniformity in promotional prospect from the post of Assistant to the post of Section Officer in different cadres. THE OM directed that no ad hoc promotions would be made from the grade of Assistant to the grade of Section Officer on decentralized basis by the cadres henceforth and that they would be made from amongst the Assistants whose names were included in the select list upto the year 1990 etc. As a result the applicants apprehended that they would be reverted to the post of Assistants and Assistants from other cadres, all being senior to them, would be appointed and replace them, so they have filed the present OAs.