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DELHI HIGH COURT
SIDDHARTH MRIDUL, TALWANT SINGH
S.N. Sharma – Appellant
Versus
Union of India – Respondent
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 re
Ad-hoc service does not count towards eligibility for promotion under recruitment rules, and cannot confer rights for regular promotion or seniority.
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....
Adhoc service beyond promotional quota and dehors rules, even if continuous till regularization, cannot be counted for seniority or benefits as it is stop-gap and fortuitous.
Promotion under FCS effective from eligibility date, not assumption of charge; delays by assessment committee cannot prejudice eligible scientists.
All similarly situated employees are entitled to identical promotion benefits unless exceptions like delay or acquiescence apply, emphasizing the need for equal treatment under service law.
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