Ad hoc appointees cannot claim seniority over regularly selected candidates, and candidates who participated in the selection process cannot later claim seniority based on ad hoc service.

1. These writ appeals are preferred against the common order dated 10.11.2005 passed by the learned single Judge in SWP Nos.2430 of 2000 and 765 of 2002, wherein the appellants have prayed for issuing a writ of mandamus directing the respondents to treat 22.5.1996 and 1.10.1996 as dates of first appointment of 1st and 2nd appellants and appellants 3 to 6 respectively in LPASW No.7 of 2006 and 22.5.1996 as the date of first/temporary appointment of appellant in LPASW No.205 of 2007 as Munsif and consequently fix seniority and placement in the gradation list prepared by the High Court and for direction to consider the appellants for promotion as Sub Judge after fixing seniority as claimed above over and above the persons, who came to be appointed after 22.5.1996 and 1.10.1996 respectively. The said writ petitions are dismissed.

2. The brief facts necessary for disposal of these writ appeals are as follows:

(a) The appellants and private respondents were directly recruited as Munsifs after being selected on the basis of selection process undertaken by J&K Public Service Commission in the year 2000, in accordance with the Jammu and Kashmir Civil Service (Judicial) Recruitment Rules, 1967. Before they were substantively appointed the appellants were appointed as Munsifs on ad hoc basis on the basis of the selection made by the High Court by order dated 22.5.1996 and 1.10.1996 respectively as some of the posts of Munsifs in the State lower judiciary were lying vacant.

(b) Prior to their appointment on ad hoc basis, the High Court issued an advertisement inviting advertisement for filling up the post of Munsif on ad hoc basis. After receiving applications and conducting interview the appellants and others were selected and appointed on ad hoc basis. They were also directed to undergo basic training and after completion of training, posting orders were issued and they joined in the respective place of posting. The ad hoc service continued until the posts were advertised by the J&K Public Service Commission and selection and appointments were completed.

(c) The appellants also applied for selection and appointment on substantive basis, pursuant to the advertisement issued by the J&K Public Service Commission vide notification dated 14.5.1998. The private respondents also participated in the selection conducted by the J&K Public Service Commission and they were also appointed on permanent/regular basis by order dated 20.4.2000.

(d) The claim of the appellants is that their ad hoc service should also be counted along with the substantive/regular service while reckoning seniority, as they have been appointed under Rule 42A of the J&K Civil Service (Judicial) Recruitment Rules, 1967; attended training; and therefore their selection and appointment on ad hoc basis was also in accordance with rules.

3. The said contention was opposed by the State, Public Service Commission, High Court, and by the private respondents by contending that the appellants having been appointed as Munsif on adhoc basis, which is a stop-gap arrangement in accordance with Rule 42A, they cannot claim any right based on the ad hoc appointment and the procedure for selection to the post of Munsif for filling up the substantive vacancy are entirely different, which are more rigorous in nature, and merely because the appellants were appointed on ad hoc basis and they were selected by the J&K Public Service Commission for substantive appointment, their earlier services cannot be reckoned for the purpose of seniority and prayed for dismissing the writ petition.

4. On the above pleadings, the learned single Judge considering the case of either parties, dismissed the writ petitions by common order dated 10.11.2005. Aggrieved by the said decision, the writ petitioners have preferred the present LP appeals.

5. Mr. K.S. Johal, learned Senior Counsel appearing for the appellants in LPASW No. 7/2006 and Mr. Z.A. Shah, learned Senior Counsel appearing for the appe