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2012 Supreme(SC) 316

MARKANDEY KATJU, GYAN SUDHA MISRA
Central Council for Research in Homeopathy – Appellant
Versus
Bipin Chandra Lakhera – Respondent


Advocates Appeared:
Mr. S.N. Bhat, Advocate, for the Appellant(s).
Mr. Shrish Kumar Misra, Mr. Mukul Singh, Mr. Ajay Kr. Singh, Advocates, for the Respondent(s).

ORDER

1. Heard learned counsel for the appellant and respondent No. 1. As regards the other respondents in respect of whom service is complete no one has entered appearance on their behalf so far.

2. This Appeal has been filed against the impugned judgment & order dated 24.03.2004 passed by the High Court of Sikkim in Writ Petition (Civil) No. 542 of 1998.

3. The facts have been given in the impugned judgment and order and hence we are not repeating the same here, except where necessary.

4. The short question in this Appeal is whether ad hoc service of respondent No. 1 from 1984 before his regularisation with effect from 05.01.1996 can be added for the purpose of seniority. We are of the opinion that it cannot.

5. Admittedly, respondent No. 1 was appointed as Research Assistant (Homeopathy) in the service of the appellant on purely ad hoc basis by order dated 03.02.1984 till 31.03.1984 or till the post is filled on a regular basis whichever was earlier. This appointment was done without any regular selection.

6. It may be noted that respondent No. 1 herein (Writ petitioner before the High Court) had not applied for appointment in response to any advertisement issued by the appellant. In






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