CENTRAL COUNCIL FOR RESEARCH IN HOMEOPATHY versus BIPIN CHANDRA LAKHERA & ORS.

CENTRAL COUNCIL FOR RESEARCH IN HOMEOPATHY versus BIPIN CHANDRA LAKHERA & ORS.

Ad hoc service before regularisation with effect from 05.01.1996 cannot be added for the purpose of seniority.

Parties
Appellant: Central Council for Research in Homeopathy; Respondent No. 1: Bipin Chandra Lakhera; Respondent Advocate: Mukul Singh; Respondent Advocate: Ajay Kr. Singh
Jurisdiction
India
Judgment Date
20 April 2011
Procedural Posture
Civil Appeal No. 3286 of 2007 / Appeal From High Court Judgment Dated 24.03.2004 in Writ Petition (c) No. 542 of 1998
Outcome
Appeal allowed, writ petition dismissed, impugned High Court judgment set aside
Legal Topics
Seniority, Ad Hoc Service, Regularisation
Service Law Seniority Ad Hoc Service Regularisation

Case Brief

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Parties

Central Council for Research in Homeopathy

Appellant

Bipin Chandra Lakhera

Respondent No. 1

Mukul Singh

Respondent Advocate

Ajay Kr. Singh

Respondent Advocate

Procedural Posture

Civil Appeal No. 3286 of 2007 / Appeal From High Court Judgment Dated 24.03.2004 in Writ Petition (c) No. 542 of 1998

Legal Issues

  1. 1 Whether ad hoc service prior to regularisation can be counted for seniority

Ratio Decidendi

Ad hoc service before regularisation with effect from 05.01.1996 cannot be added for the purpose of seniority.

Court Disposition

Appeal allowed, writ petition dismissed, impugned High Court judgment set aside

Orders

  • Impugned judgment and order of the High Court set aside
  • Writ petition dismissed