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Showing contexts for: senior scale in Chambel Singh, Inspector, Food And ... vs The State Of Haryana Through The ... on 23 September, 1994Matching Fragments
12. In Professor S.K. Sharma's case (Supra) Mr. Sharma was initially appointed as Assistant Professor on 24.9.1958. He was promoted as Associate Professor on 23.10.1963 and thereafter promoted as Professor (Junior Sdile) on temporary and ad hoc basis for a period of six months. He was thereafter appointed as Professor (Junior Scale) on regular basis through U.P.S.C. vide order dated 28.6.1969 on probation for a period of two years. However, since the said post was not available as one Shr. S.S. Sharma was holding the post; he was adjusted on ad hoc basis against the vacant post of Professor (P.G. Course). This appointment on ad hoc basis continued from 28.6.1969 to 14.2.1971 and thereafter from 15.2.1971 to 29.9.1973 against the post of Professor (Senior Scale). Professor Sharma was selected on regular basis as Professor (Senior Scale) w.e.f. 29.9.1973. He was not paid his pay and allowance, for the period for which he worked against the post of Professor (P.G. Course). Professor approached the Tribunal in these circumstances and was granted arrears of pay and allowances for 28.6.1969 to 29.9.1973. Subsequently, Mr. Sharma submitted another application before the Tribunal claiming his seniority on the post of Professor (Senior Scale) w.e.f. his ad hoc appointment dated 28.6.1969 which continued till his regular selection for the said post on 29.9.1973. The Tribunal granted the relief claimed. This order was challenged in appeal. The apex Court held as under :-
"In our view the Tribunal was totally wrong in granting seniority to the respondent for the period of ad hoc appointment on the post of Professor (Senior Scale), in the facts and circumstances of the present case and wrongly applied the ratio of Narendra Chadha's case (AIR 1986 SC 638)(Supra). The respondent was regularly selected as Professor (Junior Scale) and in view of the fact that the aforesaid post in the Civil Engineering Department was not vacant, he was adjusted against the post of Professor (P.G. Course) and subsequently against the post of Professor (Senior Scale) on ad hoc basis in his own grade. It is no doubt correct that the Tribunal in the earlier application No. T-159 of 1986 by order dated 12.6.1986 had allowed arrears of pay and allowances for the period 28.6.1969 to 29.9.1973 for the post of Professor (Senior Scale) but that was allowed by the Tribunal on the ground that the respondent had actually worked against the post of Professor (Senior Scale) though on ad hoc basis. Such order of the Tribunal granting pay and allowances cannot cpnfer any right on the respondent to claim seniority also on the post of Professor (Senior Scale). The approval of U.P.S.C. for the continuation of the respondent on the post of Professor (Senior Scale) on ad hoc basis was merely for the purpose of granting pay and allowances and it cannot be considered as a regular appointment of the respondent on the post of Professor (Senior Scale). It may be further noted that the respondent was selected for the post of Professor (Junior Scale) on regular basis on 28.6.1969 and according to extent rules three year service on regular basis on the post of Professor (Junior Scale) was necessary for promotion to the post of Professor (Senior Scale). Thus the respondent was not even eligible for promotion to the post of Professor (Senior Scale) prior to June 28,1972 till he completed three years of service on the post of Professor (Junior Scale). In view of this ground also the respondent was not entitled to claim any seniority on the post of Professor (Senior Scale) from 28.9.1969 the date of his adhoc appointment on such post..."