By Hon'ble Manish Garg, Member (J)

The applicant is a Medical Officer working in the

Department of Health of the Government of NCT of Delhi.

He was appointed on regular basis vide an offer of

appointment dated 17.05.2005, on selection by way of

competitive selection process through the Union Public

Service Commission. However, prior to his appointment as

a regular Medical Officer, he had rendered more than three

years of service on contract/adhoc basis under the

Government of NCT of Delhi in the regular pay scale

applicable upon the said post. The applicant is aggrieved

that the benefit of more than three years of service he had

rendered as a contract/ad hoc Medical Officer has not been

extended in his favour either for the purpose of determining

the qualifying service for pension and other benefits or for

fixation of his pay and allowances, and seniority as a

Medical Officer subsequent to his regular appointment. He

ventilates his grievance in the present Original Application

seeking the following relief(s):-

a.

“Direct the Respondents to fix the basic pay of

the petitioner at Rs. 8825/- as on 10/6/2005

(Date of joining NCT Delhi on regular basis) at

par with his immediate junior of his batch

working in DHS, Govt. of NCT Delhi, with

direction to pay the arrears due from the said

date of 10/06/2005 to the date of actual

3 OA No.2510/2018

payments of the arrears. AND

b. Direct the respondents to count period spent

on ad-hoc/contractual basis by the applicant

towards the qualifying service for pension as

held by this Hon’ble Tribunal in OA No.

604/2004- Dr. Yoginder Gupta Vs. U.O.I.,

decided on 19.01.2017. AND

c.

Declare that the applicant has been deemed

to be appointed w.e.f. 2002, the date of

regular vacancy arose in the cadre of Medical

Officer, Govt. of NCT Delhi, for the purpose

grant of relief of Pension under the Old

Pension Scheme under the CCS (Pension)

Rules 1972 and direct the respondents to

grant the old GPF and Pension benefits

according to the Old Pension Scheme under

CCS (Pension) Rules 1972, as applicable prior

to

01/01/2004,

with

all

consequential

benefits arising therefrom AND/OR

d. Any other appropriate order/directions which

this Hon’ble Court deems just and fit in the

facts and circumstances of the case.”

2. At the outset, learned counsel for the applicant draws

attention to the rejoinder affidavit dated 17.11.2022,

submitting that the applicant does not wish to press the

relief sought vide para 8 (c), since the respondents have

passed an appropriate order on 13.10.2020, extending the

benefit of the Old Pension Scheme under the CCS Pension

Rules, 1972, in favour of the applicant along with some

other Medical Officers. However, the grievance of the

applicant with respect to 8 (a) and (b) remains.

3. Learned counsel argues that the adhoc/contractual

service

of

the

applicant

was

followed

by

regular

4 OA No.2510/2018

appointment by way of his selection on merit by the UPSC

and hence, the benefit of service rendered in that capacity

cannot be denied to the applicant. He submits that there

were a large number of Medical Officers who had been

appointed in the year 2002 on contract/adhoc basis and all

of them got regularized vide an order dated 20.08.2014,

however,

retrospectively,

w.e.f.

23.12.2009.

Drawing

attention to the relevant order, he submits that the order of

the regularization protects their pay as drawn on

22.12.2009, i.e., the date of their regularization. As a

result, learned counsel clarifies that these persons who

were junior to him in the year 2002, are now drawing pay

and allowances much higher to him. Therefore, this

anomaly needs to be corrected by extending the benefit of

adhoc/contractual service rendered by the applicant for the

purpose of determi