Delhi High Court (May 31, 2002) 2002 (TLS)127660 2002-AD (Del)-7-240 NATIONAL INSTITUTE OF HEALTH FAMILY WELFARE NEW DELHI Vs. Ramji Lal S. B. SINHA ( 1 ) THIS Letters Patent has been directed against the judgment and order dated 26. 4. 2002 by learned Single Judge of this Court in the writ petition filed by the respondents herein seeking regularisation on the ground that they were working for several years. The learned Single Judge having regard to the fact that the respondent had been regularised in the meantime, after relying on the decision of the Apex Court reported in Registrar General of India and Anr. Vs. V. Thippa Setty and, Ors. , (1998) 8 SCC 690 directed that such regularisation should be from their initial date of appointment. ( 2 ). The question in our opinion which should have been addressed to was as to whether the initial appointment of respondent were in compliance with the mandatory provisions of Recruitment Rules and Article 14 and 16 of the Constitution of India. Only in the event it is held that initial appointment was in terms of recruitment rules, the question of grant of seniority from the said date would arise. This aspect of the matter was dealt with by a three Judge Bench of Apex Court in B. N. Nagarajan and Ors. Vs. State of Karnataka and Ors. , and also in R. N. Nanjundappa Vs. Thimmaiah and Anr. , AIR 1972 SC 1767 . ( 3 ). This issue was also considered by the Apex Court in V. Sreenivasa Reddy and Ors Vs. Govt. of Andhra Pradesh and Ors. AIR 1995 SC 586 wherein it has categorically been held that the period during which the employees were on ad hoc service, their seniority cannot be counted and such seniority should be counted from the date of regularisation only. Yet again in Registrar General of India and Anr. Vs. V. Thippa Setty and Ors. (1998) 8 SCC 690 , the Apex Court has clearly held that normally regularisation of service should not be from the date of initial appointment. ( 4 ). This position in law is reiterated in a recent case in Md. Israil and Ors. Vs. State of West Bengal and Ors. reported in 2002 0 AIR (SCW) 68. ( 5 ). (1998) 8 SCC 690 , the Apex Court has clearly held that normally regularisation of service should not be from the date of initial appointment. ( 4 ). This position in law is reiterated in a recent case in Md. Israil and Ors. Vs. State of West Bengal and Ors. reported in 2002 0 AIR (SCW) 68. ( 5 ). In this view of the matter the impugned judgment cannot be sustained which is set aside accordingly and the matter is remitted to appropriate Bench for consideration of the matter afresh. --- *** --- .