Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2012 Supreme(P&H) 995

IN THE SUPREME COURT OF INDIA
Before
The Hon’ble Mr. Justice G.S. Singhvi
The Hon’ble Mr. Justice Sudhansu Jyoti Mukhopadhaya
Civil Appeal No. 5947 of 2012
State of Haryana & Ors.
v.
Vijay Singh & Ors.
{Decided on 22/08/2012}

Service Law--Seniority--Ad hoc appointment--A person who is appointed on purely on ad hoc basis for a fixed period by an authority other than the one who is competent to make regular appointment to the service and such appointment is not made by the specified recruiting agency, is entitled to have his ad hoc service counted for the purpose of fixation of seniority.
Service Law--Appointment--Mere fact that the ad hoc appointments of the respondents were preceded by sending requisitions to the Employment Exchanges and recommendations by the District Selection Committee cannot lead to an inference that they were appointed on regular basis.

Headnote:(A) Service Law--Seniority--Ad hoc appointment--A person who is appointed on purely on ad hoc basis for a fixed period by an authority other than the one who is competent to make regular appointment to the service and such appointment is not made by the specified recruiting agency, is entitled to have his ad hoc service counted for the purpose of fixation of seniority. (Para 24)
       (B) Service Law--Appointment--In terms of Rule 8 of the 1955 Rules, every person appointed by direct recruitment was required to be placed on probation for a period of one year--The respondents were neither appointed by the Director on the recommendations of the Board nor they were placed on probation--As a matter of fact, they were appointed on purely ad hoc basis without following the procedure prescribed for regular appointment--Therefore, the mere fact that the ad hoc appointments of the respondents were preceded by sending requisitions to the Employment Exchanges and recommendations by the District Selection Committee cannot lead to an inference that they were appointed on regular basis--Punjab Educational Service Class III School Cadre Rules, 1955 (As Applicable to Haryana) R.8--Haryana State Education School (Group C) Service Rules, 1998. (Para 15)
       (C) Service Law--Appointment--Ad hoc basis--The respondents, who were appointed as Masters in different subjects, Physical Training Instructor and Hindi Teacher on purely ad hoc basis without following the procedure prescribed under the 1955 Rules are not entitled to have their seniority fixed on the basis of total length of service--Direction given by the High Court for refixation of the respondents’ seniority by counting the ad hoc service cannot be approved--Punjab Educational Service Class III School Cadre Rules, 1955 (As Applicable to Haryana) R.8--Haryana State Education School (Group C) Service Rules, 1998. (Para 24)

JUDGMENT

Mr. 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:-

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Sl. No Name and address of Place of posting Remarks

the candidate

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S.S. Master (Male), General Category

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1 to 3 xxxxxx xxxxxxx xxxxxxx

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

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1. xxxxxx xxxxxxx xxxxxxx

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

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1. xxxxxx xxxxxxx xxxxxxx

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S,S. Master, Block B

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2. xxxxxx xxxxxxx xxxxxxx

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S,S. Master Male, ESM

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1 & 2. xxxxxx xxxxxxx xxxxxxx

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S,S. Mistress General Category

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1 to 3 xxxxxx xxxxxxx xxxxxxx

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

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1. xxxxxx xxxxxxx xxxxxxx

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Science Master Male General Category

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1. Vijay Singh s/o G.S.S.S. Mandi Against

Om Parkash vacancy

V.P.O. Palri

(Pa

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2012 Supreme(P&H) 995

IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice G.S. Singhvi The Hon’ble Mr. Justice Sudhansu Jyoti Mukhopadhaya Civil Appeal No. 5947 of 2012 State of Haryana & Ors. v. Vijay Singh & Ors. {Decided on 22/08/2012}

Cases Referred (6)

IN THE SUPREME COURT OF INDIA
Before
The Hon’ble Mr. Justice G.S. Singhvi
The Hon’ble Mr. Justice Sudhansu Jyoti Mukhopadhaya
Civil Appeal No. 5947 of 2012
State of Haryana & Ors.
v.
Vijay Singh & Ors.
{Decided on 22/08/2012}