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competition

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High Court ki Taiyari

created Mar 10th 2023, 12:13 by 1998Raunak


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372 words
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Shri Deepak Awasthy, learned GA has relied upon Division Bench decision of this Court in Saroj Goswami vs. State of M.P. and others (supra) in which petitioner was appointed on adhoc basis on a fixed pay of Rs.700/-. Division Bench of this Court held that fixed pay happened to be equivalent to the initial pay in a time scale,i.e.Rs.700/- Rs.1600/- does not mean that adhoc service was on a time scale. It was laid down by Division Bench of this Court that an incumbent is neither entitled for benefit of seniority nor pay scale. In the instant case ratio of the aforesaid decision is not at all attracted as seniority has not been given in any of the order passed by the single Bench, the benefit given is that of counting of the past services for the purpose of placement in the Senior Scale/Selection Grade and the said benefit is available as per Government circular dt. 12.2.1992. In the aforesaid decision of Saroj Goswami vs. State of M.P. and others (supra) the appointment was made on adhoc basis which was not under the rules whereas the appointment in the instant cases was under the Rules of 1967 and ultimately incumbents have been regularized. The appointment in the instant case was also on the pay scale, in the aforesaid decision appointment was on fixed pay, thus, decision is distinguishable. Even after following the aforesaid decision in its pith and substance, no dent is caused to the employees of the instant case as the relief is totally different, thus, ratio of said decision is not attracted. The aforesaid three requirements also stand satisfied in the instant case. The instant case stand on better footing as the service rendered was not purely ad hoc, but it was under the rules as an emergency appointee, even ad hoc appointee in case has continued for more than one year duration and was selected by duly constituted selection committee and was later on selected to the permanent post in continuation to the adhoc service without any brake, his services has to be counted for placement in Senior Scale/Selection Grade as per aforesaid decision of PSC. In the instant case, the case of employees is much better.  

 

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