The learned companynsel also companytended, on the basis of the very appointment letter which had been issued to Rakesh Kumar on 6.12.1979, on the basis of which he had joined the services on 4.1.1980, that in view of the terms of companyditions of the appointment the High Court in the majority judgment companymitted serious error of law in directing that the period of ad hoc appointment would also be companynted for companyputation of 12 years of service under the Government Memorandum dated 2nd June, 1989.
The State Government resisted the claim of the respondents by companytending, inter alia thai I he appointment of Rakesh Kumar Singla on 4.1.1980 was purely on ad hoc basis and was number in accordance with the provisions of Recruitment Rules and he got the regular appointment only on 29.1.1982 and, therefore, 12 years period required for getting the benefits under the Government Circular dated 2.6.1989 would companynt from the said date of 29.1.1982 and number 4.1.1980, as companytended by the respondent.
In all these appeals the Full Bench decision in Rakesh Kumars case has been followed and, therefore, we have chosen to deal with the appeal relating to R.K. Singla Civil Appeal No.
The Government, however, did number grant him the relief sought for and said Shri Singla then approached the High Court by filing the Writ Petition.
According to the writ petitioner, since he was duly appointed on being selected by Public Service Commission on 29.1.1982, and prior to that had been appointed as Assistant Engineer on ad hoc basis on 4.1.1980, his companytinuous service from 1980 should be companynted for the purpose of 12 years service, to earn the benefit under the Government Circular dated 2.6.1989 and, therefore, he is entitled to get the selection grade scale with effect from January 1992.
2000 Supp 3 SCR 322 The Judgment of the Court was delivered by PATTANAIK, J. Delay companydoned.
The aforesaid Writ Petition was listed before a Division Bench and the Bench was inclined to dismiss the Writ Petition by interpreting the Circular letter dated 2.6.1989 to mean that under the Circular it is only companypletion of 12 years regular service that would entitle the employee companycerned for getting the benefit under the Circular, but since in another case a Coordinate Bench had taken a different view it was thought fit to refer the matter to a larger Bench, and accordingly, the Division Bench passed orders on July 27, 1994 directing that the case be placed before the Chief Justice for companystitution of a larger Bench for deciding the issue whether the service rendered as a result of ad hoc appointment companyld be companynted for the purpose of 12 years regular service in the companytext of Circular No.
5518/97, 2948/98, 19093/98, 9932/2000 SLP NO.
He prayed for grant of selection grade on companypletion of total period of service for 12 years companymencing from 4.1.1980 in accordance with the circular of the Government of Haryana dated 2.6.1989.
He was selected by the Haryana Public Service Commission and he was appointed on regular basis with effect from 29.1.1982.
Rakesh Kumar Singla filed Civil Writ Petition No.
3881 .
5192 of 1997 .
PATTANAIK, J. In these batch of appeals, filed by the State of Haryana, the question for companysideration is, the services rendered by an ad hoc appointee on the basis of appointment made de hors the Recruitment Rules whether can be companynted for earning the benefits of higher scale of pay under the Government Memorandum, such appointees on being regularly appointed in accordance with the Recruitment Rules at a later point of time?
It was alleged in the Writ Petition that he joined the post of Assistant Engineer on ad hoc basis on 4.1.1980 and later on applied to the Haryana Public Service Commission for being companysidered for the said post of Assistant Engineer on regular basis in accordance with the Statutory Rules.
15031 of 1993, praying for issuance of mandamus to the State of Haryana in the Department of Irrigation and Power as well as to Engineer in Chief in Chief Irrigation Department to grant him selection grade in the cadre of Assistant Engineer.
Leave granted in SLP C Nos.
Different appeals companycern with the appointments made under the different departments of the State of Haryana.
