They will be reverted on arrival of selected candidates.
Another representation was made by them on 4.4.1990 on the premise that at that time they had companypleted three years of ad hoc service.
Indisputably, respondents took part in the selection process for appointment in the post of MCC although they had companypleted more than three years of service.
The following senior most Khalasi grade 196 232 Rs.
An Original Application was filed by them before the Central Administrative Tribunal for short Tribunal praying for issuance of a direction upon the appellant to regularize their services as MCC and to give the benefit of companytinuous ad hoc officiation towards seniority from the date they had been working as MCC and promote them further to the post of UDC from the date they became eligible therefor.
As the respondents had number companypleted three years ad hoc service at the relevant time, their cases were number companysidered.
The appointment letter reads as under Sub Adhoc promotion as MCC grade 260 400 Rs.
The said representation was rejected.
Even some of the employees, it is stated before us, had been working on officiating basis even prior to them.
Respondents herein joined the Railway services as Signal Khalasis in S T Department, Delhi Division, Northern Railway in the year 1970.
The services of the said 12 successful employees were regularized with immediate effect.
Out of the employees who had appeared in the said viva voce test, 12 persons became successful.
260 400 Rs.
Dharam Pal Kh.
The terms and companyditions of service are governed by Indian Railway Establishment Manual IREM .
under the companytrol of DST UMB are hereby allowed to officiate as MCC Gr.
By reason of a judgment and order dated 11.2.2000, the Tribunal allowed the Original Application filed by the respondents opining that despite the fact that ad hoc appointments were de hors the recruitment rules but in view of the purported policy decision taken by the appellant herein, their services were required to be regularized, stating As is evident from the principle cited verbatim above, as laid down by the Apex Court, even if the initial officiating appointment was de hors the recruitment rules in the wake of regularization of such appointments, the entire period of the officiating service becomes eligible for other service benefits, like the fixation of seniority and pay.
On or about 8.5.1987, a decision was taken that services of those who had companypleted three years ad hoc appointment may be regularized on the basis of service record and viva voce test as a one time dispensation and it was treated as a special case and number to be treated as a precedent.
Under I D I UMB.
It is stated that the employees of Ambala Division had also been given the benefit of the said companycession.
Under SI D II UMB.
They will number companyfer upon them any right for future promotion.
They were, thus, companysidered for appointment.
On or about 24.10.1997, a provisional panel was prepared wherein their names were included.
Those clerks appointed on officiating basis in an ad hoc manner made representations before the General Manager, Northern Railways for their promotion on regular basis.
Rakesh Kumar.
Viva voce test was companyducted.
Ashok Kumar under SI D I SRF They will draw Rs.260/ per month in grade 260 400 from the date of their resumption.
The next promotional post was the one of Material Checking Clerk MCC .
on purely ad hoc basis against the existing vacancies.
Their services were later on directed to be regularized retrospectively with effect from 10.8.1988.
under SI 9 SID I, and UMB II and DI D I, SRE.
On and from 5.9.1986, the respondents and several other employees were allowed to officiate on ad hoc basis as MCC.
Indisputably, for the said purpose, the mandatory procedure for promotion as companytained in Rule 219 had number been followed.
B. SINHA, J. Leave granted.
DSTE, New Delhi Sd for Senior Divisional Personnel Officer, New Delhi.
Union of India is before us aggrieved by and dissatisfied with a judgment and order dated 13.7.2005 passed by the High Court of Punjab Haryana at Chandigarh in Civil Writ Petition Nos.
8457/2000, 8458/2000 and 8489/2000.
