1. The brief facts of the case are that the petitioner was appointed
in the year 1993 as Laboratory Technician in the Department of Health &
Family Welfare after being recommended by the Departmental Selection
Committee. The services of the petitioner was then confirmed in the year
2019 by the Director of Health Services (MI), but strangely vide order dated
18.03.2023, the respondent No. 3 issued a list of adhoc appointees who were
to be regularized and the name of the petitioner was on the said list. The
petitioner being aggrieved with the said order, is before this Court by way
of the instant writ petition.
2. Mr. K. Paul, learned Senior counsel assisted by Mr. B.
Snaitang, learned counsel for the petitioner has submitted that the petitioner
had initially been appointed since 06.08.1993, and was confirmed vide order
dated 24.01.2019. The petitioner he submits, serving against a permanent
sanctioned post was given all the benefits accruing from her service such as
ACPS etc. apart from the fact that from the date of initial appointment, she
was placed in a regular scale of pay with usual allowances as permissible
2026:MLHC:173
under the Rules. However, he submits the State respondents by the
impugned order dated 18.03.2023, have shown her to be serving in an adhoc
capacity and regularized by the said order. The learned Senior counsel
submits that the placing of the petitioner in an adhoc status after
confirmation in service, is clearly erroneous and illegal, inasmuch as, it will
cause a severe impact on her services and accrued benefits, such as
consideration of her length of service for the purposes of pension etc., He
therefore, submits that the impugned order as far as it concerns the petitioner
being irrational, is liable to be not be given effect to.
