Bio Academy 06 November 2020
P. Venu (Advocate) 06 November 2020
The facts posted are less than convincing. It is impossible that you could have directly approached the High Court.
G.L.N. Prasad (Retired employee.) 06 November 2020
File RTI Application and seek such information from Public Information Officer.
Bio Academy 06 November 2020
After exhausting all possible resources only then I moved to court
P. Venu (Advocate) 06 November 2020
Please post the complete facts.
Dr J C Vashista (Advocate) 08 November 2020
You have already stated to have moved to High Court, through an able, competent and intelligent lawyer, who is well aware about facts and circumstances of the case, what is his /her opinion ?
Sudhir Kumar, Advocate (Advocate) 08 November 2020
If you are saying you are confirmed then you are regular employee.
Bio Academy 08 November 2020
It's a very old case. Unfortunately I lost contact with my lawyer. This question arise after a long time because the department consider the previous service as adhoc and facing problem in counting my services for benefits. They do not consider the initial joining date instead they consider the date when court passed the order for my regularisation
Initially I appointed on adhoc basis for 6 years.
After filing the case no adhoc appointment letter were issued.
The department stated in court that they are not going to dispense the services. Hence there is no question of appointment.
I donot know is there any judgement where the court counts the adhoc services for benefits. The department stated that in judgements there is not mentioned of adhoc word. Hence can not be counted.
P. Venu (Advocate) 08 November 2020
Was the adhoc period continuous without any break? Was the annual increments sanctioned? What exactly were the reliefs granted?
Bio Academy 08 November 2020
The adhoc appointment letters issued after every 3 months with one day technical break. It continued for 6 years. When I moved to court, they stopped giving adhoc letter. This was raised in the court . In the court the department stated that they are not going to dipense the services of the petitioner. Then the court ordered that there is no need of appointment letter. Thereafter my services were continuous without any break. My annual increments started soon after I moved to court.
P. Venu (Advocate) 08 November 2020
Prima facie, the period of continuous service needs to be treated as regular. However, that period need not count for seniority and eligibility for promotion. Any definite suggestion requires the perusal of the judgment.
Bio Academy 08 November 2020
Thanks a lot for your advise. This has cleared my doubts. Now question remains of counting the service of the adhoc period. Is there any judgement like in the case of counting of services of daily wages and temporary employees, not for promotion but for the pensionary benefits and ACP.