IMPORTANT POINT
Ad hoc period cannot be counted for seniority.

JUDGMENT

G. S. Singhvi, J.-Leave granted.

2. On being selected by the District Level Committee which had considered the candidature of those sponsored by the Employment Exchanges, respondent Nos.1 to 13 were appointed as Masters in the subjects of Science, Maths and Social Studies, respondent No.14 was appointed as Physical Training Instructor and respondent No.15 was appointed as Hindi Teacher purely on ad hoc basis between 1994 and 1996 by the District Education Officers. The relevant portions of one such order issued on 16.10.1995 are reproduced below:

“OFFICE OF THE DISTT. EDUCATION OFFICER, PANIPAT

Order No.E-1/95/3515-65

Dated Panipat 16.10.1995

On the recommendation of the Distt. Level Committee, the following candidates are hereby appointed purely on ad hoc basis as Master/Mistresses in the subject noted against them in the Haryana Education Service Non Gazetted Class II (School cadre) Men/Women branch (as the case may be) w.e.f. the they join their duty in the institution indicated against their names in the grade of Rs.1400-2600 plus usual allowances sanctioned by the Haryana Government from time to time on the following terms and conditions:-

SI.No Name and address of the candidate Place of posting Remarks

S.S. Master (Male), General Category

1 to 3 xxxxxx xxxxxxx xxxxxxx

S.S. Master (Male) B.C. Category

1. xxxxxx xxxxxxx xxxxxxx

S.S. Master, S.C. Category (Male) Block A

1. xxxxxx xxxxxxx xxxxxxx

S.S. Master, Block B

2. xxxxxx xxxxxxx xxxxxxx

S.S. Master Male, ESM

1 & 2. | xxxxxx xxxxxxx xxxxxxx

S.S. Mistress General Category

1 to 3 xxxxxx xxxxxxx xxxxxxx

S.S. Mistress Category Scheduled Caste, Block A.

1. xxxxxx xxxxxxx xxxxxxx

Science Master Male General Category

1. Vijay Singh s/o Om Parkash V.P.O. Palri (Panipat) G.S.S.S. Mandi Against vacancy

2&3 xxxxxxx xxxxxxx xxxxxxx

Science Mistress General Category

1 & 2. xxxxxx xxxxxxx xxxxxxx

Math Master General Category Male

1 and 2. xxxxxx xxxxxxx xxxxxxx

Math Mistress General Category

1 xxxxxx xxxxxxx xxxxxxx

Terms & Conditions:

1. The above appointments are purely on ad hoc basis for six months or till the candidates are available for regular appointment whichever is earlier. Their services are liable to be terminated without assigning any reason or notice at any time.

2 to 6 xx xx xx xx”

3. In furtherance of the policy decision taken by the State Government in the light of the judgment of the High Court in Hassan Mohd. v. State of Haryana 2004 (2) SCT 505, the services of the respondents were regularized w.e.f. 1.10.2003. The opening paragraph and clause 5 of the terms and conditions embodied in order dated 3.8.2004/12.8.2004 passed by the Director, Secondary Education, Haryana for regularization of a number of employees of District Ambala including respondent No.12 Prem Kumar are extracted below:

“OFFICE OF THE DIRECTOR SECONDARY EDUCATION HARYANA CHANDIGARH

ORDER No. 2/4-2004-E-V (5) DATED CHANDIGARH THE 03.08.2004

In pursuance of the decision contained in the Haryana Govt. letter No.6/9/03-IGS-I dated 03.10.2003, the following Master/Mistress who were appointed on ad hoc/contractual basis and have completed three years service upto 30.09.2003 and were in service on that date are hereby appointed as officiating Masters/Mistress in HES-III School Cadre (Men's Branch) in the grade of Rs.5500-9000 (pre-revised) plus usual allowances as sanctioned by the Haryana Government from time to time w.e.f. 01.10.2003 and posted at present place against vacant posts as per following terms and conditions:-

Sr. No. Name of the office and present place of posting Date of appointment

Sh/Smt. Masters /Mistress Distt. Ambala

1. to 16. xxxxx xxxxxx xxxxx

Sh/Smt. Master/Mistress Distt. Ambala.

17. to l9 xxxxxxx xxxxxx Xxxxx

20. Prem Kumar, GHS Kalpi 01.03.1995

21. to 27. xxxxx xxxxxx

Sh/Smt. Science Master /Mistress Distt. Ambala.

29. to 38. xxxxxxx xxxxxx

1 to 4 xx xx xx

5. They are put on probation for a p