Ad-hoc promotions do not automatically confer seniority or rights to regularization; proper procedures must be followed for promotions.

ORDER

(Pronounced by Hon'ble Mr. Sisir Kumar Ratho, Member(A))

This OA has been filed by the applicant seeking the following relief:-

“To call for the records of the second respondent with No. 13835/DSE/Estt.III/C/2015 dated 13.07.2017, with 13835/DSE/Estt.III/C/2019 dated 12.6.2020 and with No.4148/DSE/Estt-III/A/2020-1 dated 21.10.2020 and to quash the same and consequently to direct the second respondent to promote the applicant to the post of Primary School Headmaster with effect from 12.6.2020, the date on which the respondents 3 to 5 were promoted with all other consequential reliefs including seniority, difference of wages and further consequential promotion and to pass such other further orders in the interest of justice and thus render justice.”

2. The facts of the case as submitted by the Applicant, are as follows, in brief:-

2.1. It is submitted that the applicant is working as Primary School Teacher and he possess the qualification of B.A., B.Ed. The applicant joined service of the respondents 1 and 2 on 07.03.2001. He belongs to Scheduled Caste community and claims that he is entitled to get the benefit of reservation in promotions. It is submitted that the applicant was issued with an order on 31.07.2014 promoting him to the post of Trained Graduate Teacher (Social) on adhoc basis and he accepted the same.

2.2. Since the promotion given to the applicant is not a regular promotion, under the apprehension that he would be kept as adhoc employee for a long period and the prospects of the applicant for getting further promotion will also be adversely affected, he submitted a representation dt. 08.09.2014 seeking reversion from the adhoc promotion post. Accepting the same, the respondents issued order dt. 11.11.2014 reverting the applicant from the adhoc promotion post.

2.3. The applicant submitted that the respondents 1 and 2 had taken steps to give promotion to the post of Headmaster Primary School and list of eligible candidates was also prepared who will be called for counselling for the purpose of granting promotion wherein the applicant’s name was left out. Immediately, the applicant has submitted a representation requesting the second respondent to consider the applicant for promotion along with other juniors of the applicant for promotion to the post of Headmaster Primary School.

2.4. The applicant further submitted that he cannot be subjected to any disqualification whatsoever on the ground of seeking reversion from the post to which the applicant has been promoted on adhoc basis within a period of less than 1 month whereas the respondents 1 and 2 have not considered the claim of the applicant and the applicant has not been called for nor considered for promotion to the post of Headmaster Primary School. Ignoring the request made by the applicant, the second respondent had issued an order on 12.6.2020 promoting 88 Primary School Teachers to the post of Headmaster Primary School on regular basis whereas the name of the applicant was not considered and he was deprived of promotion.

2.5. The respondents 3 to 11 have been promoted on regular basis to the post of Headmaster (P) even though they are far juniors to the applicant. There is no reason given for superseding the seniority of the applicant in the promotion order nor any reply was given to the applicant. Subsequently the respondent has issued the impugned order dt. 21.10.2020 stating that the applicant was deprived of his seniority in the parent post for seeking reversion from the adhoc promotion. Aggrieved, the applicant has filed this OA seeking the aforesaid relief.

3. During arguments, learned counsel for respondents, Mr. R. Syed Mustafa submitted that