Ad-hoc service cannot be counted for seniority or promotion, and the period spent on deputation or foreign service can be counted as qualifying period for promotion, but ad-hoc service does not count as eligibility service for promotion to the next higher grade.

JUDGMENT :

SIDDHARTH MRIDUL, J.

(Via Video Conferencing)

1. The present writ petition under Article 226 and 227 of the Constitution of India has been instituted by Dr. S.N. Sharma, the petitioner herein, assailing the order dated 27.08.2019 passed by the learned Central Administrative Tribunal, Principal Bench, New Delhi, (hereinafter referred to as the ‘learned Tribunal’), dismissing OA No. 463/2016 titled as ‘Dr. S.N. Sharma & Anr. vs. UOI & Ors.’, whereby the petitioner’s plea for setting-aside and quashing the order dated 28.08.2014 issued by the Department of Personnel & Training (hereinafter referred to as the ‘Respondent-3’), and communication dated 10.11.2014 issued by the Ministry of Water Resources, Government of India (hereinafter referred to as the ‘Respondent-1’) addressed to Central Soil & Materials Research Station (for short ‘CSMRS’) (hereinafter referred to as the ‘Respondent-2’), determining the proposal of regularisation of services of Scientist 'B' officers of CSMRS who were promoted on ad-hoc basis, in the negative, and holding that the period of ad-hoc service rendered will not be counted towards eligibility service for promotion to post of higher grade, was rejected. The petitioner had essentially sought the relief of issuance of directions to the official respondents to count the ad hoc service rendered by him as Scientist 'B', towards his claim for promotion to the post of Scientist 'C; and to consider him for promotion to the latter post from the date the petitioner completed 3 years of service as Scientist 'B'.

2. This is the 4th round of litigation instituted by the petitioner. The brief backdrop of the present case as is germane for the adjudication of the present writ, is adumbrated as follows:

a) Petitioner, who worked as Assistant Research Officer (ARO) under CSMRS, attached office of the Ministry of Water Resources, was discontented with previous existing Recruitment Rules (RRs) 1983 of the Organization and in particular the one pertaining to Senior Research Officer; whereby outside candidates were purportedly at a favourable position as they could enter the cadre on the said post at a young age, and as a result thereof, there was stagnation at the post of ARO and Research Officer (RO) in CSMRS, which assertedly resulted into lack of availability of promotional avenues from the existing post to higher post/grade of Scientist. This sentiment of stagnation on the same post, prompted the petitioner alongwith other similarly situated ARO’s to file O.A. No.317/2003, through their association before the learned Central Administrative Tribunal, challenging the Recruitment Rules 1983, essentially assailing the apathy shown by the official Respondents’ therein, qua the former’s promotional avenues. The said OA was allowed vide order dated 29.04.2004 directing the Respondents to amend the Recruitment Rules in vogue whilst restraining Respondents from effectuating any outside selection/appointment, till the said Recruitment Rules were suitably amended.

b) Feeling aggrieved by the aforesaid direction of the learned Tribunal, the official Respondents filed writ petition W.P. (C) No.1483/2005 before this Court challenging the order dated 29.04.2004 in O.A No.317/2003. The High Court vide order dated 28.09.2010 in W.P. (C) No.1483/2005 was pleased therein to direct the Secretary of Respondent-2, Respondent-3, and Respondent-4, to resolve the issue and accordingly amend the subject Recruitment Rules within 45 days. Consequently, the requisite amendment was carried out and new Recruitment Rules dated 23.11.2010 were duly notified.

c) In pursuance thereto, the petitioner alongwith 16 other ARO’s were promoted on ad-hoc basis to the post of Scientist 'B', in terms of the directions issued by the High Court, vide order dated 01.12.2010, wherein Respondents were asked to grant one time relaxation/exemption to promote the eligible ARO’s to the re-designated post of ‘Scientist B’.

d) Resultantly, 17 ARO’s including the petit