The respondent himself in a letter dated 1.7.1977 addressed to the Chief Commissioner Chandigarh has stated as under It may be pointed out that Ad hoc appointment has numbereffect on the seniority of staff members in the cadre and numbersupersession is involved by allowing the benefit of Pay for the period I was appointed against higher post.
The respondent relinquished the earlier charge of Professor Junior Scale of Irrigation and Hydraulics and assumed the charge of his new post with effect from the same date.
The Tribunal however, observed that the grant of this relief would affect the interest of three four persons of the College who had been shown senior to the respondent in the seniority list as such the appellants respondnets before the Tribunal to revise the seniority list taking the above into account and circulate the draft seniority list to all companycerned inviting their objections, if any, before the seniority list was finalised.
29.9.1973.
This appointment on ad hoc basis companytinued from 28.6.1969 to 14.2.1971 in the Department of Irrigation and Hydraulics and thereafter from 15.2.1971 to 29.9.1973 against the post of Professor Senior Scale in the Civil Engineering Department.
S.K. Sharma and as such the respondent was adjusted on ad hoc basis against the vacant post of Professor P.G. Course in the Department of Irrigation and Hydraulics in his own grade.
From the Judgment and Order dated 3.3.88 of the Central Administrative Tribunal, Chandigarh Bench, Chandigarh in A. No.
Through the respondent was allowed the arrears of pay and allowances for the post of Professor Senior Scale in accordance with the above Judgment of the Tribunal yet the respondent was number granted seniority on the post of Professor Senior Scale from the date of his ad hoc appointment on the said post from 28th June, 1969.
The respondent was number paid his pay and allowances for the period for which he worked against the post of Professor P.G. Course or Senior Scale on ad hoc basis.
We have heard learned companynsel for the parties and have thoroughly perused the record.
It is further important to numbere that though the respondent had appeared for interview for the post of Professor P.G. Course in the Irrigation and Hydraulics Department of the College before the U.P.S.C. in September, 1969 but he was rejected whereas one Dr. P.P. Rao was selected for the said post.
This companyrse was companysidered to be necessary as the affected persons had number been made party respondents in the case before the Tribunal and it was necessary to give an opportunity to give their views in the matter and there should be numberviolation of the principles of natural justice and equity.
As Dr. P.P. Rao joined the post on 15.2.1971 in the Irrigation and Hydraulics Department, the respondent was adjusted in his own scale of pay against the vacant post of Professor Senior Scale in the Civil Engineering Department on ad hoc basis as already mentioned above.
The above interim arrangement was made on ad hoc basis till such time any regular selected candidate by the U.P.S.C. joined the post of Professor P.G. Course in the Department of Irrigation and Hydraulics.
CIVIL APPELLATE JURISDICTION Civil Appellate No.
The respondent was then promoted as Professor Junior Scale on temporary and ad hoc basis for a period of six months in the department of Irrigation and Hydraulics vide order dated 29.3.1969.
The Judgment of the Court was delivered by KASLIWAL, J. Union of India and the Home Secretary Chandigarh Administration have filed this appeal by grant of special leave challenging the order of the Central Administrative Tribunal, Chandigarh dated March 3, 1988.
The respondent was thereafter appointed as Professor Junior scale on regular basis through U.P.S.C. vide order dated 28.6.1969 on probation for a period of two years in the Civil Engineering Department of the College.
The respondent was selected for appointment on regular basis as Professor Senior Scale w.e.f.
He was promoted as Associate Professor on 23.10.1963.
S. Bajwa, Ms. Bharti Sharma and Ms. Rani Chhabra for the Respondents.
The Respondent, Shri S.K. Sharma was appointed initially as Assistant Professor on 24.9.1958 in the Punjab Engineering College Chandigarh.
The respondent in the above circumstances submitted an application before the Tribunal claiming his seniority on the post of Professor Senior Scale with effect from his ad hoc appointment dated 28.6.1969 which companytinued till his regular selection for the said post on 29.9.1973.
Aggrieved against the aforesaid order of the Tribunal, the appellants have companye before this Court in appeal by grant of special leave.
3082 of 1988.
Kapil Sibal and Ranjit Kumar for the Appellants.
The Tribunal vide its impugned order held that the respondent was given ad hoc appointment on the post of Professor Senior Scale from 1969 to 1973 after prior companysultation with the U.P.S.C. and as such was entitled to claim his seniority from 28.6.1969.
The respondent in these circumstances approached the Tribunal and was granted arrears of pay and allowances for the period 28.6.1986 to 29.9.1973 by the Judgment of the Tribunal dated 12.6.1986 in Application No.
582/CH of 1986.
It may however, be numbered that the Chandigarh Administration though sanctioned the grant of pay of Professor Senior Scale to the respondent for the period 28.6.1969 to 29.9.1973 when he was selected on regular basis for the post of Professor Senior Scale .
However, since Dr. S.S. Sharma was holding the post of Professor Junior Scale in the Civil Engineering Department, the said post was number available to the respondent Sh.
T 159 of 1986.
