Kamalini Nagrajan Dutt v. Union Of India

Honble Shri Shanker Raju, Member (J): An order passed by the respondents on 8.12.2004 where applicant has been regularized in Junior Administrative Grade (JAG) w.e.f. 28.9.2004 is assailed. Claiming benefit of the decision in Vinod Kumar Kapoor v. Union of India & others (OA-2013/2005) decided on 18.1.2007, applicant seeks to make his promotion order effective from the date of holding JAG on ad hoc basis with all consequential benefits.

2. Shri S.Y. Khan, learned counsel for applicant contends that similarly circumstanced persons when approached the Tribunal in L.D. Mandloi v. Union of India & others (OA-1690/2005) decided on 9.1.2006, respondents have been directed to regularize their services from the date they had been working in JAG on ad hoc basis. Accordingly, this has been followed in Vinod Kumar Kapoors case (supra) by the Tribunal. Applicant seeks extension of benefit of the decision in Vinod Kumar Kapoors case (supra) being covered in all fours.

3. Learned counsel would contend that DPC was delayed without any basis as it is established on an information received by the applicant through RTI Act 2005 on 11.10.2006 that vacancies were available in JAG of 1998. Accordingly, it is contended that he may be allowed the benefit of the decisions, referred to above.

4. No reply has come forth by the respondents. However, Shri M.M. Sudan, learned counsel has appeared and vehemently opposed the contentions. He stated that ad hoc service cannot be reckoned towards regular service and from the date of accrual of vacancies, one cannot be allowed promotion.

5. We have carefully considered the contentions of the parties and perused the records.

6. In L.D. Mandlois case (supra) as well as decision in Vinod Kumar Kapoors case (supra) it is ruled that applicant should be promoted on regular basis from the date the vacancies were accrued, which is in 1998 and as the applicant had been functioning in JAG before the DPC was held and promotions were effected, he is entitled to be promoted on regularization of ad hoc officiation of JAG, as done in the aforesaid cases.

7. In the result, for the foregoing reasons, OA is partly allowed. Respondents are directed to treat the applicant to have been regularly appointed in JAG by promotion from the date he is functioning as such on ad hoc basis with all consequential benefits. This shall be done within a period of two months from the date of receipt of a copy of this order. No costs. ( Neena Ranjan ) ( Shanker Raju ) Member (A) Member (J) /sunil/