SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1986 Supreme(MP) 92

High Court Of Madhya Pradesh
J. S. Verma, Actg. C. J. and B. M. Lal, J.
BHERUSINGH VALA BAMNIYA
Versus
STATE OF MADHYA PRADESH BHOPAL
Decided On : Mar 25,1986

Advocates Appeared:
K.L.Sethi, S.L.SAXENA,

Headnote:(1) Non-Gazetted Class III Educational Service (Non-Collegiate) Recruitment and Promotion Rules, 1973 (M.P.)-R.10-appointment not according to Rule-person so appointed gets no Constitutional right-Constitution of India Art. 311.

       (2) Constitution of India-Arts. 311 and 309--appointment made not in conformity with rules made under Article 309-no right accrues under Article 311.

       A large number of Teachers/Assistant teachers were appointed without following Rule 10 of the rules framed under Article 309. The State Government realised the mistake and made all of them ad-hoc, till a particular date, and after that date, terminated their services.

       Held: Article 311 was not violated, as the Teachers/Assistant teachers acquired no right. AIR 1967 SC 1264, AIR 1979 SC 1676 and 1985 (4) SCC 369 relied on.

       (Para 15)

       (3) Constitution of India-Arts. 14 and 16-all persons illegally appointed in similar circumstancesd`removal of all of them is not violative of Article 14 or Article 16. 1964 JLJ 454 relied on.

       (Para 16)

       (4) Government Servant-ad-hoc-meaning of.

       (5) Words and Phrases-phrase "ad hoc"-meaning of.

       Here, it is necessary to explain the true concept of ‘ad hoc‘ appointment in service matters. In the present era, in every sphere including that of Services, ‘ad-hoc-ism‘ is increasing resulting in frustration and service unrest among employees be cause of the uncertainty in their service, as the word ‘ad hoc‘ is not being construed in its true sense and is being given altogether a different meaning. In this respect it is suffice to say that meaning of the term‘ ad hoc‘ is a settled one, which means, for any special on particular purpose "or to last for a particular period", AIR 1975 SC 2292 relied on.

       (Para 18)

JUDGMENT :

( 1. ) B. M. LAL J. :- The Order passed in this Petition shall also govern the disposal of the Miscellaneous Petitions Nos. 966 of 85 (Miss Sarita v. State and others), No. 967/85 (Deo Karan v. State and Others), No. 969/85 (Miss Rahman v. State of M. P. and others), No. 971/85 (Shyam Singh v. State of M. P. and others,) No. 972/85 (Prakash Chandra V. State of M. P. and others), No. 973/85 Rameshwar v. State of M. P. and others), No. 974/85 (Shankar Singh v. State of M. P. and others), No. 968/85 (Smt. Mangla v. State of M. P. and Others), No. 970/85 (Badrilal V. State of M. P. and others), No. 976/85 (Govind v. State of M. P. and others), No. 977/85 (Smt. Triveni v. State of M. P. ,and others), No. 978/85 (Brijraj v. State of M. P. and others), No. 979/85 (Ganpat Singh V. State of M. P. and others), No. 980/85 (Asfaan Mohd. Khan v. State of m. P. and others), No. 1084/85 (Miss Sangita v. State of M. P.), No. 1085/85 (Jeewan prasad v. State of M. P. and others), No. 1086/85 (Dilawar Khan v. State of M. P. and others), No. 1087/85 (Vikral Singh v. State of M. P. and others), No. 1088/85 (Jagdish chandra v. State of M. P. and others), No. 1089/85 (Mahipal Singh v. State of M. P. and others), No. 1090/85 (Dashrathlal v. State of M. P. and others), No. 1091/85 (Jagdish chandra v. State of M. P. and others), No. 1092/85 (Smt. Rajkumari v. State of M. P. and others), No. 1094/85 (Smt. Manorma v. State of M. P. and others), No. 1095/85 (Ranchhor v. State of M. P. and others), No. 1097/85 (Mansukhlal v. State of M. P. and , others), No. 1098/85 (Pratap Singh v. State of M. P. and others), No. 1099/85 (Indrajeet singh v. State of M. P. and others), No. 1100/85 (Girdharilal v. State of M. P. and others), No. 1101/85 (Randhashyam No. 1101/85 (Randhashyam v. State of M. P. and others), No. 1103/85 (Madanlalv. State of M. P. and others), No. 1104/85 (Smt. Ratna devi v. State of M. P. and others), No. 1105/85 (Smt. Rekha v. State of M. P. and others), No. 1106/85 (Surendra Chandera v. State of M. P. and others), No. 1107/85 (Rasool Khan v. State of MP. and others), No. 1109/85 (Miss Asha v. State of M. P. and others), No. 1110/85 (Ramlal v. State of M. P. and others), No. 1111/85 (Nand Singh v. State of M. P. and others), No. 1112/85. (Heeralal v. State of M. P. and others), No. 1113/85 (Bhikram Singh v. State of M. P. and others), No. 1114/85 (Lokendra Kumar v. State of M. P. and others), and No. 1093/85 (Ramsingh v. State of M. P. and others ).

( 2. ) BY this bunch of petitioners, the petitioners who are teachers are seeking a writ of certiorari, quashing the modified orders passed by the various District education Officers of the State, deeming the petitioners appointment as ad hoc for a limited period upto 30-4-1985. The petitioners further seek a writ of mandamus directing the respondents to continue them in service after 30-4-85 and that their terms of appointment be treated as regular instead of ad hoc.

( 3. ) IN nutshell, the facts leading to the present bunch of petitions, are as under : on 5-10-84 the Education Department, Government of Madhya Pradesh took a decision to fill up 400 posts of teachers and 800 posts of Assistant Teachers. In consequence of that decision, the respondents invited applications through employment Exchanges of various Districts. The concerned Employment Officers intimated the petitioners, whose names were registered in the Employment Exchange offices, that their names had been sent for appointment as teachers/assistant teachers and also intimated that in "case of their appointment, at the first instance, they will get fixed salary of Rs. 300/- per month for a period of two years and then scale of pay Rs. 545-925 will be given. This was on the basis of the intimation received by the employment Officers from the concerned State Government authorities.

( 4. ) ACCORDINGLY, the petitioners appeared before the respective District selection Committees which took interview and then they were appointed as t





























Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top