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1999 Supreme(Del) 1038

High Court Of Delhi
DHARAM PAUL SHARMA - Appellant
Versus
ALL INDIA INSTITUTE OF MEDICAL SCIENCES - Respondent
Civil Writ 921 of 1988
Decided On : 11/29/1999

Advocates Appeared:
Mukul Gupta, Navin Gupta, PANKAJ BALA VERMA, R.K.KAPOOR

An employee appointed on an ad hoc basis cannot claim any right to continue in service.

Headnote:

EMPLOYMENT - TERMINATION OF SERVICE - AD HOC APPOINTMENT - Petitioner appointed as Radiographer on ad hoc basis - Services terminated after 8 years - Petitioner challenging termination - Held, petitioner cannot claim any right to continue in service - Writ petition dismissed.

Fact of the Case:

Petitioner was appointed as Radiographer on an ad hoc basis for a period of three months in 1979. His service was extended from time to time and he worked till September 30, 1985. In 1984, he applied for the post of Radiographer for RLU Project but was not selected. On May 27, 1986, he was again appointed as Radiographer on a temporary basis for three months. On April 29, 1987, his services were terminated.

Finding of the Court:

The court found that the petitioner was appointed only on an ad hoc basis and, therefore, he cannot claim any right to continue in service. The court also found that there was no irregularity or irrationality in the order passed by the first respondent.

Issues: Whether the petitioner can claim any right to continue in service after his ad hoc appointment was terminated.

Ratio Decidendi: The court held that the petitioner cannot claim any right to continue in service after his ad hoc appointment was terminated because he was not appointed to any post on the cadre in the first respondent Organisation.

Final Decision: The writ petition was dismissed.

K. Ramamoorthy.

( 1 ) RADIOGRAPHER in the first respondent Organisation, has challenged the order of termination of his ad hoc service. The case of the petitioner that could be cornered from the averments in the writ petition is as follows : The petitioner applied to the AIIMS (first respondent) to be appointed as Radiographer. On 10. 10. 1979 he was appointed as Radiographer on a pay of Rs. 330. 00 p. m. in the pay scale of Rs. 330-560 plus usual allowances as admissible to the Central Government servants purely on a temporary basis for a period of three months. This temporary ad hoc service was being extended in the Research Institute. In or about in the year 1984, AIIMS allowed the petitioner for interview alongwith others for the post of Radiographer for "rlu Project under Dr. B. N. Tandon, Prof. and Head Deptt. of Eastroentrology, AIIMS. On 8. 10. 1984 a communication was sent from the Officer Incharge of the Project to the petitioner in the following terms :

"subject : Recruitment to the post of Radiographer for RLU Project. Under Dr. B. N. Tandan, Prof. and Head Deptt. of Castroentrology, AIIMS. With reference to your application for the post of Radiographer for RLU Project, you are requested to appear for an interview to be held on 22nd October, 1984 at 2. 00 p. m. in the office room of Candc Section, 1st Floor, Administrative Block, All India Institute of Medical Sciences, Ansari Nagar, New Delhi - 110 029. 2. You may please note the following instructions carefully : (i) You shall have to bear travelling and other expenses yourself, for attending the interview. (ii) You should please bring the originals of degrees, diplomas etc. in support of your academic qualifications and testimonials etc. in support of your experience. (iii) Your application has not been received through proper channel. You are advised to bring a letter from your present employer, indicating that they (the employer) have no objection to your appearing for the interview and in the event of your selection you should be relieved in time. Your candidature shall not be considered, if such a certificate is not produced by you at the time of interview. 3. You are further advised to bring a no objection certificate from your present employer, if you have taken any other employment after applying for the post at this Institute. 4. The receipt of this communication may please be acknowledged imediately. "

( 2 ) THE petitioner was not selected. On 27. 5. 1986 the petitioner was issued with an order appointing him as Radiographer again on temporary basis for a period of three months. On 29. 4. 1987 the ad hoc appointment of the petitioner was put to an end and the order reads as under:

"subject: Ad hoc appointment to the post of Radiographer - Termination thereof. In contiration of this office memorandum of even number dated the 16th December, 1986, on the subject noted above, it is notified that the services of Shri Dharam Paul, Radiographer (ad hoc) are no longer required w. e. f. 26. 4. 1987 (AN) he may be relieved accordingly. "

( 3 ) THE petitioner made representations and there having no reply the petitioner approached the Administrative Tribunal and thereupon as the Tribunal had no jurisdiction, to this Court. The main case of the petitioner is that he had been in continuous service and, therefore, his services cannot be terminated.

( 4 ) THE first respondent had taken the stand that the petitioner was appointed only on ad hoc basis and he was recruited to any post on the cadre in the first respondent Organisation and, therefore, the petitioner cannot claim any right to continue in service challenging the order passed on 29. 4. 1987. In paragraph 2 of the counter, the first respondent would state :

"paragraph 3 of the petitioner is a matter of record. It is correct that the petitioner s appointment under the said Research Unit known as "raj Garhia Liver Research Unit" was extended from time-to-time and the petitioner worked under the said arrangement from






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