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SUPREME COURT OF INDIA
VIJAY KUMAR JAIN
Versus
State of Madhya Pradesh
Decided on, October 31, 1991
Seniority - Public Service Commission - Ad Hoc Appointment - Seniority Determination
Fact of the Case:
The dispute was about the seniority between the appellant and respondent 2. The appellant claimed that his ad hoc appointment should be counted for seniority upon regular selection by the Public Service Commission.
Finding of the Court:
The High court did not accept the appellant's contention, stating that there was no rule entitling the appellant to count his ad hoc service for determining seniority upon his selection by the PSC. The court held that the appellant's seniority could only be taken from the date of his selection by the PSC and he could not claim seniority over respondent 2 who was selected earlier.
Issues: Inter se seniority dispute, entitlement to count ad hoc service for seniority determination
Ratio Decidendi: The court emphasized that there was no rule allowing the appellant to count his ad hoc service for seniority determination upon regular selection by the Public Service Commission.
Final Decision: The appeal was dismissed, and the appellant's claim for seniority based on ad hoc appointment was rejected.
Judgment
K. JAGANNATHA SHETTY
( 1 ) THE dispute as to inter se seniority between appellant and respondent 2 was the subject matter of the writ petition before the High court. The appellant claimed before the High court that he was entitled to count the service of his ad hoc appointment for seniority upon regular selection by the Public Service Commission. That was not accepted. In our opinion, the High court was right in not accepting that contention, there is no rule brought to our notice entitling the appellant to count his ad hoc service for the purpose of determining the seniority upon his selection by the PSC. His seniority can be taken only from the date of his selection by the PSC and he cannot claim seniority over respondent 2 who has been selected by the PSC earlier to him. Appeal therefore fails and is accordingly dismissed. No costs.
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