High Court of Judicature at Allahabad
Case Law Search
Union Of India And Others v. Manoj Kumar Sharma Another - WRIT - A No. 33501 of 2003  RD-AH 258 (4 August 2003)
Civil Misc. Writ Petition No. 33501 of 2003
Union of India & Ors. ......... Petitioners
Manoj Kumar Sharma Anr. ......... Respondents
Hon. Dr. B.S. Chauhan, J.
Hon. D.P. Gupta, J.
This writ petition has been filed against the impugned judgment and order of the Central Administrative Tribunal dated 7th July, 2003, by which the claim of the respondent no.1 has been allowed on the ground that he was ad hoc employee and ought to have been replaced only by a regularly selected candidate and an ad hoc can not be replaced by another ad hoc.
So far as the legal proposition is concerned, the Hon'ble Supreme Court in State of Haryana & Ors. Vs. Piara Singh & Ors., AIR 1992 SC 2130, has categorically held that an ad hoc or a temporary employee does not have a right to hold the post and he must move out for the regularly selected candidate but ad hoc can not be replaced by another ad hoc.
What is disputed herein is that Shri Shyam Gopal has replaced the respondent no.1, who was a regularly selected candidate. However, there is nothing on the record to show that Shri Shyam Gopal was a regular employee. The learned Tribunal has proceeded with the matter assuming that he was an ad hoc appointee. Nothing is clear from the pleadings which have been made in the writ petition, therefore, we are not inclined to interfere with the impugned judgment and order passed by the learned Tribunal. The writ petition is accordingly dismissed.
However, if petitioners are aggrieved, they may file a review application or may proceed against the said respondent in accordance with the law.
Double Click on any word for its dictionary meaning or to get reference material on it.