Long continuous ad-hoc service against sanctioned posts, regularized under judicial directions, entitles reckoning seniority from date regularization became due (10.04.2006), not formal order date, with past service counting for pension and benefits, overriding mechanical DoPT instructions.

ORDER

Per: SH. RAMESH SINGH THAKUR MEMBER (J):

1. The present Original Application has been filed under Section 19 of Administrative Tribunals Act, 1985 seeking the following relief(s):-

i. Quash Order No. Pr. CC/CHD/CB-II/REG- S.G./2016-17/1578 dated 09.11.2016, copies attached as Annexure A-1 to A-8 qua applicants No. 1 to 8, whereby representations/claim of the applicants for seniority from the date of initial joining on adhoc basis has been rejected.

ii. Quash final seniority list issued vide No. Pr.CC/CHD/CB-1/2015-16537 dated 20.01.2016, copy Annexure A-9, to the extent seniority of the applicants has been retained with effect from 21.05.2014 instead of initial date of joining or 10.04.2006 the cut of date on the basis thereof the regularization of the services of the applicants has been ordered to that extent.

iii. Quash order dated 23.05.2015 issued by the respondents in compliance of judgment dated 30.08.2011 passed by the Hon’ble Punjab and Haryana High Court in CWP No. 2895-CAT of 2006 to the extent the services of the applicants have been regularized w.e.f. 21.05.2014 instead of from the date of initial appointment, copies of order dated 23.05.2015 attached as Annexure A-14 (colly) and to the extent regularization of applicants has been ordered w.e.f. 21.05.2014.

iv. Issue declaration to the effect that the applicants are regular as Stenographer Grade-II w.e.f. 10.04.2006 and clause of fixation of seniority of the applicants in terms of DOPT guidelines dated 03.04.2013 (Annexure A-19) in their order of regularization is superfluous and is not applicable to the case of the applicants as their cases are not governed by the said instructions.

v. Direct the respondents to grant all the consequential benefits, after treating them regular w.e.f. 10.04.2006 i.e. consideration of their claim for further promotion as Stenographer Grade-I on same lines as ordered in favour of private respondent No. 4 to 8, consideration for MACP etc.

vi. Direct the respondents to convert the applicants from subscriber of Permanent Retirement Account Number (PRAN) under New Defined Contributory Provident Fund Scheme to General Provident Fund-cum-Pension Scheme as they have been regularized in continuation of their adhoc service, which they have rendered since 1993 / 1995 till regularization of their services and are not fresh appointees and as such they would be governed by the G.P.F.-cum-Pension Scheme, which was applicable to the Central Government employees who entered service prior to 01.01.2004 and also entitled to count their entire service including the one rendered prior to regularization as qualifying service for pensionary benefits in view of the ratio of judgment passed by the Hon’ble Punjab and Haryana High Court in CWP No. 2371 of 2010 titled as Harbans Lal Versus The State of Punjab and others, decided on 31.08.2010 upheld by the Hon’ble Supreme Court of India in S.L.P.(C) No. 23578 of 2012, against which Review Petition was also dismissed and also Full Bench Judgment of Hon’ble Punjab and Haryana High Court in case of Kesar Chand versus State of Punjab reported as 1998(2) PLR 223.

2. The brief facts as submitted by the applicants through this Original Application are that the applicants were sponsored through the Employment Exchange for the post of Stenographer pursuant to requisition by the Respondent Department. After qualifying the skill test and interview,