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Bio Academy   06 November 2020

What is the category of this appointment in central govt

I was appointed on adhoc basis for 6 months and after 1 day technical break re issue the adhoc appointment. This was continued for 7 years. Aggrieved by not conducting the regular selection committee despite 4 advertisements move to high court. Court gave the injuction not to make the appointment to the post held by the petitioner. Now issuing of adhoc appointment letters were stopped by the department. And it was stated in court that they are not going to dispense the services of the petitioner so there is no need of appointment letter. I was regularised by the department after 5 years and the case was disposed off. My question is that during the pendency of the case what was the kind of my appointment be ,.... Adhoc, temporary, permanent or any other. Please comment.


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 11 Replies

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.


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