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Supreme Court - Daily Orders

Director North Central Zone Cultural ... vs Krishna Nand on 2 August, 2017

Bench: Adarsh Kumar Goel, Uday Umesh Lalit

                                                             1

                                       IN THE SUPREME COURT OF INDIA
                                        CIVIL APPELLATE JURISDICTION

                                       CIVIL APPEAL NO. 290           of 2011

     DIRECTOR, NORTH CENTRAL ZONE CULTURAL CENTRE,
     ALLAHABAD & ORS.                                                                Appellant(s)

                                                            VERSUS
     DR. KRISHNA NAND                                                                Respondent(s)
                                                     O R D E R

We have heard learned counsel for the parties. The respondent was appointed on temporary basis against the post of Assistant Programme Officer on 24th September, 1997. On 19th February, 2004, he was absorbed on the post of Senior Publication-cum-Documentation Assistant. He claimed that he should be treated to have been regularly appointed as Assistant Programme Officer from 24th October, 1997 and should be given regular pay scale for the said post. The High Court has accepted this plea partly.

Learned counsel for the appellants submits that the impugned order does not take into the terms of appointment and the correct legal position.

We have perused appointment letter dated 24th October, 1997. The appointment thereunder is purely on temporary basis. Thus, the respondent did not acquire any right to be absorbed as Assistant Programme Officer. Of course, he will be entitled to regular pay scale applicable to such post till he was absorbed as Senior Publication-cum-Documentation Assistant and from that date he will Signature Not Verified Digitally signed by MAHABIR SINGH Date: 2017.08.03 be entitled to pay scale applicable to the post to which he was 16:32:29 IST Reason:

absorbed.
The impugned order stands modified to the above extent. 2 The appeal is accordingly disposed of. This order may be complied with within three months from today.
Pending applications, if any, shall also stand disposed of.
..........................J. (ADARSH KUMAR GOEL) ..........................J. (UDAY UMESH LALIT) New Delhi, August 2, 2017.
                                    3

ITEM NO.103                COURT NO.12                 SECTION III-A

               S U P R E M E C O U R T O F       I N D I A
                       RECORD OF PROCEEDINGS

                    Civil Appeal   No(s).   290/2011

DIRECTOR, NORTH CENTRAL ZONE CULTURAL CENTRE, ALLAHABAD & ORS. Appellant(s) VERSUS DR. KRISHNA NAND Respondent(s) Date : 02-08-2017 This appeal was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE ADARSH KUMAR GOEL HON'BLE MR. JUSTICE UDAY UMESH LALIT For Appellant(s) Mr. Ravi Prakash Mehrotra, AOR Mr. Vibhu Tiwari,Adv.
For Respondent(s) Ms. Vernika Tomar,Adv.
Mr. Bharat Sangal, AOR UPON hearing the counsel the Court made the following O R D E R In terms of the signed order, the appeal is disposed of.



(MAHABIR SINGH)                          (PARVEEN KUMARI PASRICHA)
 COURT MASTER                                  COURT MASTER
(Signed order is placed on the file)