CIVIL WRIT JURISDICTION CASE No.11353 OF 1999 ***** In the matter of an application under Articles 226 and 227 of the Constitution of India. ****** Bodha Lall, S/o Late Jamuna Lal, resident of Mohalla- Vikash Nagar, Kothiya, P.S. Digha, District- Patna. ..... Petitioner. Versus 1. The Union of India, through the Secretary, Ministry of Home Affairs, New Delhi. 2. The Registrar General of India, Census Operations, 2/A, Man Singh Road, New Delhi. 3. The Director of Census Operations, Bihar, Boring Canal Road, Patna. 4. The Joint Director of Census Operations, Bihar, Boring Canal Road, Patna. 5. The Central Administrative Tribunals, Patna Bench, through its Registrar, Krishna Nagar, Patna. .... Respondents. ***** For the Petitioner: Mr. Lalit Kishore, Sr. Advocate For the Respondents: Mr. Binay Kumar Pandey, C.G.C. ****** P R E S E N T THE HON'BLE MR. JUSTICE SUDHIR KUMAR KATRIAR THE HON'BLE MR. JUSTICE KISHORE KUMAR MANDAL ****** S.K. Katriar, J. This writ petition is directed against the order dated 24.8.1999 (Annexure-11), passed by the Central Administrative Tribunal, Patna Bench, in O.A. No.195 of 1995 (Bodha Lall & another Vs. The Union of India and others), whereby the original application preferred by the two original applicants has been rejected. The second applicant before the Tribunal has not joined 2 the present writ petition and it is, therefore, confined to the present writ petitioner. The petitioner seeks the benefit of continuous officiation as Investigator from 30.4.1981 till 11.5.1985. 2. A brief statement of facts essential for the disposal of the writ petition may be indicated. The petitioner was appointed as Statistical Assistant on 14.4.1971. He was appointed as Tabulation Officer on a purely temporary and ad hoc basis for a period of three months with effect from 30.1.1980, or till the date the post was filled in on a regular basis, whichever was earlier, vide order dated 30.1.1980 (Annexure-1). He was similarly appointed as Investigator on a purely temporary and ad hoc basis for a period of one year or until further orders, whichever was earlier, with effect from 30.4.1981, vide order dated 25.5.1981 (Annexure-2). The Services of the petitioner and other similarly circumstanced persons were not being regularised as Tabulation Officers leading to a writ petition in the Patna High Court. The same was disposed of by order dated 20.9.1985, whereby the respondent authorities were directed to take appropriate steps. In pursuance of the order of the High Court, the respondent authorities issued order dated 26.12.1985 (Annexure-3), whereby the services of the petitioner, apart from others not before us, were regularised as Tabulation Officer with effect from 20.3.1985. This was followed by notification of the Union of India, whereby the posts of Tabulation 3 Officer and the Investigator were combined together. In other words, the post of Tabulation Officer was abolished, the cadres were merged, and all of them were designated as Investigators. The petitioner was accordingly appointed and/or treated as an Investigator with effect from 11.5.1985, vide order dated 2.1.1986 (Annexure-4). The respondent authorities issued final eligibility list of Investigators, in the nature of a combined gradation list, reflecting the position as on 1.4.1991, vide Government notification dated 12.3.1993 (Annexure-5). Dissatisfied with his position in the list, the petitioner preferred the aforesaid O.A. No.195 of 1995, wherein the following reliefs have been sought: (i) The respondent no.2 and 3 be directed to count the applicants’ ad hoc period as Tabulation Officer while preparing the final eligibility list of Investigators and to give consequential benefits. (ii) The respondent no.2 and 3 be directed to promote the applicants on due posts taking into consideration the period of ad hoc services rendered by them. (iii) Annexures-9 and 16 be quashed. (iv) To award cost of litigation. The Tribunal has, on a consideration of the matter, come to the conclusion that the petitioner cannot be given the benefit of continuous officiation as Investigator from 30.4.1981 to 11.5.1985. 4 3. Learned counsel for the petitioner submits that he is entitled to the benefit of continuous officiation as Investigator for the period 30.4.1981 to 11.5.1985, because the officiation was continuous and without break. He relies on the judgment of the Constitution Bench of the Supreme Court in The Direct Recruit Class-II Engineering Officers’ Association and others vs. State of Maharashtra and others, reported in A.I.R. 1990 S.C. 1607. 4. Learned counsel for the respondents has supported the impugned action 5. We have perused the materials on record and considered the submissions of learned counsel for the parties. It appears to us on a perusal of the order dated 30.1.1980 (Annexure-1), that the petitioner was appointed as Tabulation Officer on purely temporary and ad hoc basis for a period of three months or till the post was filled on a regular basis, whichever was earlier. He was similarly appointed as a Investigator on purely temporary and ad hoc basis for a period of one year or until further orders, whichever was earlier. It is further evident that both the orders stated in clear and unequivocal terms that the appointment shall not bestow on the candidate any claim for regular appointment and the service rendered by him on ad hoc basis shall not count for the purpose of seniority in the grade and for eligibility for promotion to the next higher grade. It further appears to us that it is nobody’s case that 5 regular selection process had taken place before the two orders were passed. This by itself is adequate to disentitle the petitioner from the relief(s) sought for. 6. It further appears to us that the petitioner and others had approached the High Court for a direction to the respondent authorities to regularise their services as Tabulation Officer. The same was disposed of with a direction to the respondent authorities to consider their cases in accordance with law. The Departmental Promotion Committee had, therefore, considered the cases of the eligible candidates including the petitioner. Consequently the Department had issued the order dated 26.12.1985 (Annexure-3), whereby the services of the petitioner, along with others not before us, were regularised as Tabulation Officer with effect from 20.3.1985. It is evident on a plain reading of this order that steps had been taken, and the order had been issued, in pursuance of the direction of the High Court. The petitioner whole-heartedly accepted the order dated 26.12.1985, whereby he was substantively promoted as Tabulation Officer with effect from 20.3.1985. This order has not been challenged, has been fully acted upon, and attained finality. In that view of the matter, any claim on the part of the petitioner to give him the benefit of continuous officiation as Investigator, a higher post till the merger, from an earlier date cannot be acceded to. Such an action will result in the ridiculous 6 situation of the petitioner getting the higher post of Investigator from 30.4.1981, and the lower post of Tabulation Officer from 20.3.1985. This will also adversely affect the interests of other similarly circumstanced persons who are not before us. Such a course of action will result in upgrading the petitioner in the gradation list to the detriment of those who are above him, and in their absence. In other words, if we uphold the petitioner’s prayer, he would become Investigator from a much earlier date in a situation where the rights and interest of his peers have already entrenched. Settled affairs cannot be unsettled in this manner where parallel rights have been created. In that view of the matter, the judgment of the Supreme Court in the Direct Recruit Class-II Engineering Officers’ Association and others Vs. State of Maharashtra and others (supra) is inapplicable to the facts and circumstances of the present case. 7. In the result, we do not find any merit in this writ petition. It is accordingly dismissed. (S K Katriar, J.) Kishore K. Mandal, J. I agree. (Kishore K. Mandal, J.) Patna High Court, Patna Dated the 7th day of April, 2010. S.K.Pathak/ (AFR)