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Esha   10 August 2015

Working as ad hoc at same post for three years

Sir/Madam,

I am an officer at the asst grade level, Group B in Indian Railways. While doing my duty, I was also made in-charge of handling another Post of a much Higher Degree, i.e. Senior Scale Officer Level. The person working as the Senior Scale Officer retired, and I was ordered to handle this post as an ad-Hoc. I have been handling the responsibilities of this post since almost the last three years.  I have been appreciated in written by the highest authority of our office, which says that I have been working diligently while saving Railways a lot of money, which would otherwise would have to be paid as Salary to the Senior scale officer. It may be noted that as I am handling the Post as an Ad Hoc Officer, I am getting paid my original Salary of Group B level, and no special incentives etc are being paid to me. while working at this AD Hoc Post, I completed a correspondence Diploma in the field in which I am working as AD HOC, from open university.

Now, a vacancy has come up at the Head Office for the Post I am working as AD HOC, and I planned to apply there. I want to pursue a Court Case over the issue- Since I have been working at this post as AD Hoc for three Years, I should be posted permanently at the post and actually receive the Pay Package of a Senior Officer. I also have the requisite qualification needed for the same. Will I Succeed? Should I go ahead with the case?

Also I will complete three years at the Ad Hoc Post in November, but the vacancy has come out now. So Should I go ahead with the court case now or wait for the next Vacancy Announcement-which might be next year or after two years! Kindly Advise. I need to be sure that I will win the case, otherwise if I loose I will be removed from my Ad Hoc Position also.



Learning

 2 Replies

Kumar Doab (FIN)     10 August 2015

First of all download the rules pertaining to payment of compensation while at Senior Scale Officer Level.

The rules may have provision of payment of equitable compensation applicable to Senior Scale Officer Level.

It is felt that your ad-hoc position does not neccessarily grants you claim over vacancy.

 

The appreciations that you have recived may add to your vitae during interview.

 

You may wait for advise of other experts/members.

 

 

T. Kalaiselvan, Advocate (Advocate)     16 August 2015

You have not stated that if you have been officially ordered to handle the post on adhoc basis, if so, have you been issued with an office order  appointing you to the post atleast on adhoc basis?  If you have been officially posted to that post (temporary elevation too), you would have been paid the paid the salary, pay and allowances pertaining to that  post, if it was not paid, then it can  be considered that it was just a local arrangement within the department  itself having no official recognition for the same, therefore officially you are deemed to be employed in your original designation alone, therefore the three years period may be your personal experience with no official recognition for it.  You stand losing your claim officially.However in your interest, you can make a representation to the comptet authority or the appointment authority of your department to consider you for the post lying vacant based on your adhoc  appointment to the post for the past three years. This representation in writing will evoke some response after which you can decide about further legal course of action if necessary. 


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