Important Point
When an ad-hoc appointee is conti­nued for 8 years, Tribunal can direct the Govt. to consider his case for regularisation but no direction can be given to give the benefit of UGC Merit Promotion Scheme.

Judgment

Nanavati, J.-The State of Maharashtra is challenging in this appeal the order passed by the Maharashtra Administrative Tribunal in O.A. No. 125/93.

2. The respondent was appointed as a Lecturer in Statistics and Demog­raphy in SRTC Medical College, Ambejogai on 14.11.79. He was appointed initially for a period of four months purely on adhoc basis and till a regularly selected candidate was available. However, the appointment continued from year to year without any break for eight years. Mean­while, he also obtained Ph.D. in Statistics. On completion of eight years of service, the respondent made representations to the concerned authorities for regularising his service and to grant him the benefit of higher pay-scale under University Grants Commission Scheme for merit promotion of Teachers working under post partum programme. As his representations were not accepted, he approached the Tribunal and sought the following two reliefs :

“(A) By issue of an appropriate order or direction Respondents No. 1 & 2 be directed regularise the services of applicant with award­ing permanancy benefits.

(B) By issue of an appropriate order or directed the respondents No. 1 & 2 be directed to award pay scale of RPS 3700/5700 under Uni­versity Grant Commission’s Scheme for merit promotion of Teachers working under post partum programme with fixation of pay and retro­spective effect i.e. 14.11.87.”

3. In support of his claim for regulari­sation, the respondent had relied upon the G.O. dated 19.9.75 issued by the State of Maharashtra. The Tribunal held that the said Government resolution was not applica­ble to the respondent as it applied only to those employees who were appointed on temporary basis and were not made permanent because of non-availability of permanent posts. The Tribunal, however, relying upon the Governments letter dated 5.3.85 held that the respondent was entitled to the benefit of the University Grants Commission’s Scheme for merit promotion of tea­chers working under post partum programme from the date he completed eight years of continuous service. With respect to prayer for regularisation, the tribunal directed the Gov­ernment to consider his case. This order’s correctness is challenged by the State of Maharashtra, Director of Medical Education and Dean of CRT Medical College.

4. Learned counsel for the appellants contended that the Tribunal has misconstrued the letter dated 5.3.85 issued by the Government of India and thus wrongly given benefit of the aforesaid scheme to the res­pond­ent. Having gone through the said letter, we are of the opinion that this contention deserves to be accepted. The first paragraph of the said letter reads as follows :

“The Ministry of Health and Family Welfare have been taking steps in the past to bring the status of the teachers and staff working under the Post Barium Programme at par with those working in other Health Departments but many complaints have been received from various medical colleges regarding stagnation of the staff leading to frustra­tion of the persons working in the Post Partum Centres.”

5. In the said letter, it is further stated that the benefit was to be extended to those who fulfilled the conditions mentioned in that letter. One such condition was that the incumbent should have completed 8 years of continuous service in the respective cadre as Lecturer/Reader in the Post Partum Programme. Though the said condition itself did not clarify that Lecturers appointed on adhoc basis were not to be extended the said benefit but if we read that condition alongwith the first paragraph, it becomes clear that what was intended by the Government of India was to extend the benefit of the said scheme to those Lecturers only who were regularly appointed. The purpose for which the said letter was issued was stated in the first paragraph of that letter. The Government wanted to bring the status of teachers and staff working under the Post Partum Programme at part with the teachers and