Central Administrative Tribunal

Principal Bench, New Delhi.

TA-13/2017

Reserved on : 05.12.2018.

Pronounced on : 20.12.2018.

Hon’ble Ms. Praveen Mahajan, Member (A)

Sh. Ashok D. Bhagat Singh,

S/o Sh. Daulat Rao Bhagat,

R/o 30, Gawande Layout Wardha

Road, Near Chhatarpati Chowk,

Nagpur, Maharashtra-440015.

…. Applicant

(through Sh. Yogesh Sharma with Sh. Abhijeet Singh, Advocate)

Versus

1. State (Govt. of NCT of Delhi)

through it’s Secretary,

Health & Family Welfare,

9^th Level, A-Wing,

I.P. Extn., Delhi Secretariat,

Delhi-110002.

2. The Principal Secretary,

Department of Medical & Public Health,

GNCTD, Delhi Secretariat,

Delhi-110002.

3. The Principal,

Maulana Azad Institute of Dental Sciences

GNCTD, MAMC Complex, B.S. Zafar Marg,

New Delhi-110002.

4. Medical Superintendent

GNCTD, Deen Dayal Upadhyay Hospital

Hari Nagar, New Delhi-110064.

….

Respondents

(through Ms. Sumedha Sharma, Advocate)

2

TA-13/2017

O R D E R

This case was filed before the Hon’ble High Court of Delhi in

WP(C)-7851/2015. Vide order dated 13.02.2017, Hon’ble High Court

of Delhi transferred this case to Central Administrative Tribunal,

Principal Bench, New Delhi and parties were directed to appear

before the Registrar on 03.03.2017.

2.

Through the medium of this T.A., the applicant has sought the

following reliefs:-

“(a)

direct the respondents to treat the appointment of applicant

as a regular appointment and consequently count the entire

services of applicant form 11.10.1985 to 14.10.2006 as a qualifying

service for the purpose of granting pensionary benefits.

(b)

direct the respondents to treat the resignation of applicant

dated 14.10.2006 as a voluntarily retirement as, the applicant has

already completed 20 years of qualifying service and consequently

release all the retirement benefits of applicant w.e.f. 22.01.2007 with

arrears and interest.”

3. Briefly stated, the facts of the current O.A. are that the

applicant was appointed as Civil Assistant Surgeon through UPSC

w.e.f. 11.10.1985 in the pay scale of Rs.650-1200/- + usual allowance

against the vacant post. He applied for the post of Lecturer with

respondent No.3 through proper channel on ad hoc basis. The

applicant was relieved of his duties on 30.09.1991 and was directed

to report to respondent No.3 to join his new assignment, as Lecturer

on ad hoc basis for a period of six months. The applicant joined the

post of Lecturer on 01.10.1991 in the pay scale of Rs. 2200-4000 plus

3

TA-13/2017

non practicing allowance at the prescribed rate with respondent

No.3. The applicant was issued an order from Lt. Governor to

continue his services again on six months on purely temporary and

ad hoc basis. Thereafter, the applicant was selected as an Assistant

Professor and joined as such on the post of Assistant Professor (ad

hoc) on 06.07.1996 in the Dental Wing of Maulana Azad Medical

College, New Delhi on purely temporary and ad hoc basis for a

period of six months in the pay scale of Rs.3000-4500. On 01.07.1998,

the applicant was interviewed for the post of Associate Professor in

Maulana Azad Institute of Dental Sciences (MAIDS) and worked

there from 1998 to 2004, again, on ad hoc basis. Thereafter, he was

engaged as Professor with respondent No. 3 where he worked from

2004-2006.

4. The applicant states that on 18.01.1999 he had moved an

application to respondent No.2 through proper channel regarding

upgradation of the post of Dental Surgeon in the pay scale of

Rs.3000-100-4500/-. The applicant submits that though he was on ad

hoc basis with respondent No.3 but he continued to hold his lien with

respondent No.4.

5. On 17.04.2006, the applicant applied for V.R.S. under Section-

48A through proper channel to respondent No.2, on the ground that

his wife was a psychiatric patient for the past s