Ad Hoc Job Appointment and Regularization - Employees appointed on ad hoc basis often lack entitlement to regularization unless specific criteria are met. Courts have held that ad hoc appointees do not automatically gain permanent status or benefits, especially when posts are not sanctioned or filled through proper selection processes. Regularization is subject to constitutional provisions (Articles 14 and 16) and administrative rules. Director General of Police VS B. Barnalata Devi - Gauhati, Anita Muchu vs State of Jharkhand - Jharkhand, SWAMY B. N. VS STATE OF KARNATAKA - Karnataka
Enhancement of Maintenance and Compensation - Courts exercise discretion in assessing income and determining enhancement of maintenance pendente lite, considering factors like husband's income, job stability, and circumstances of the parties. Similarly, in compensation cases under the Motor Vehicles Act, courts may enhance awards based on factors like the deceased's age, employment, and other relevant circumstances. Ad hoc enhancements can be awarded in cases of dispute or to provide interim relief, as seen in judgments involving compensation and wages of prisoners or employees. DIBYENDU MUKHERJEE VS SUDIPTA MUKHERJEE - Calcutta, Kusum Lata Ashok VS Tejraj Kalal - Rajasthan, Panchi Devi Gurjar VS Tilak Raj Pandit - Rajasthan, Devbhoomi Awas Limited VS Antelec Limited - Calcutta
Judicial Discretion and Ad Hoc Measures - Courts often employ ad hoc measures for interim relief or enhancement, considering current wages, cost of living, or specific case facts. These measures are flexible and aim to address immediate needs or rectify disparities temporarily. For example, in prison wage cases, ad hoc wage adjustments are made to reflect current economic conditions. Kartick Paul VS The State Of West Bengal - Calcutta, JUTE CORPORATION OF INDIA LTD. VS SUDERA ENTERPRISES PVT. LTD. - Calcutta
Specific Cases of Enhancement - In matrimonial disputes, courts may enhance maintenance based on income assessment and circumstances. In employment or service-related cases, enhancements are granted for grant-in-aid, salary, or compensation, often through ad hoc increments pending final decisions. DIBYENDU MUKHERJEE VS SUDIPTA MUKHERJEE - Calcutta, Director General of Police VS B. Barnalata Devi - Gauhati, Panchi Devi Gurjar VS Tilak Raj Pandit - Rajasthan
Analysis and Conclusion:
Ad hoc measures for job or benefit enhancement are common in legal and administrative contexts, serving as interim solutions pending final decisions. Courts exercise discretion to grant such enhancements based on current circumstances, economic factors, or case-specific needs. However, entitlement to regularization or permanent benefits for ad hoc appointees remains limited unless statutory or constitutional provisions explicitly support such claims. The overarching principle is that ad hoc measures are flexible, often temporary, and aimed at providing immediate relief or addressing disparities until a more permanent resolution is achieved.
HINDU MARRIAGE ACT - SECTION 24, 26 - MAINTENANCE PENDENTE LITE - ENHANCEMENT - INCOME OF THE HUSBAND - ASSESSMENT - COURT'S DISCRETION ... Fact of the Case: In a matrimonial dispute, the wife sought enhancement of maintenance pendente lite under sections ... Whether the trial court erred in assessing the husband's income and determining the enhancement of maintenance pendente lite. 2. ... Prior to the passing of this order of the High Court dated 20. 4. 98, the matrimonial court, on being approached by the wife by an application dated ....
Previous judgments indicate employees under ad hoc engagements are not entitled to regularization. ... challenged the advertisement for teacher selection in light of their ongoing temporary appointments, claiming equal treatment and job ... The salary of the teachers working on full time basis and part time basis has been enhanced by 20% and this enhancement has been made effective from 01.04.2021. ... State of Odisha , 2022 SCC OnLine Ori 1497, in which it has been held that one ad hoc can be replaced by another ad #HL....
Rules of 1957, after undergoing due selection process against regular vacant and sanctioned posts, they are being termed as 'ad hoc ... no match for freshly recruited candidates, who were found more meritorious despite having no experience or little experience in job ... It may be true that the issue before the Full Bench was one relating to the enhancement of the penalty imposed by the District Judge upon a member of the ministerial staff of the subordinate Court in exercise of the powers of review conferred by Rule 23 of the Gujarat Civ....
Motor Vehicles Act, 1988 – Section 173 – in this case, the appellant challenged the order of the Tribunal for enhancement of compensation ... Choudhary appearing for the claimants submitted that the present appeal seeking enhancement deserves to be allowed looking to the young age of the deceased at the time of accident and also looking to the fact that the deceased was in Government Job. ... ... (iii) Ad-hoc enhancement by Rs. 25,000/- under the other headings like loss of companionship to the wife, l....
They sought regularization and enhancement of grant-in-aid for the school. ... Whether ad hoc appointees have a legal right to be regularized. 2. ... Regularization - Appointment of Ad Hoc Employees - No Sanctioned Posts - Violation of Articles 14 and 16 of the Constitution/ ... As certain problem arose regarding the service conditions of the petitioners since 1985, they made representations to the authorities for creation of posts of Assistant Teachers or for enhancement of grant-in-aid, so that the petitioners and othe....
Next referring to the Full Bench judgment of the Kerala High Court reported at AIR 1983 Kerala 261 [In Re: Prison Reforms Enhancement of Wages of Prisoners etc.] , learned counsel for the respondents submits that "reasonable wages" required to be paid to prisoners need not be equivalent to the rates ... There must be an ad hoc measure, a measure which takes into account, the current wages in several industries, the minimum wages fixed, the increase in cost of living in the recent days and such other matters of relevance. ... After considering all these mat....
This has not been done and at the end of 1995, when the regulations have now been finalised the difficult situation that has arised is as to what is the position of those persons who have been doing these job functions during the interim period. A grievance was made on behalf of the b. D. ... The allied argument is that since these were ad hoc appointments on a stop-gap basis that all the principles were not taken into account such as the setting up of a selection committee, the provision for reservation, adequate quota for promotees vis-a-vis direct recru....
Whether the enhancement of rates was justified? 3. ... CONTRACTUAL DISPUTE - ELECTRICAL WORK - DELAY IN COMPLETION - ENHANCEMENT OF RATES - MINUTES OF MEETING - CORRESPONDENCE - ADMISSION ... not raised any grievance as to the workmanship or the final bill raised by the petitioner and that the company had released an ad hoc ... The parties agreed at such meeting to enhance the rates of the items supplied and executed after March 12, 2007 by 12 per cent except for the rates of extra items on which the enhancement would no....
Accordingly, an ad-hoc enhancement of Rs. 1,00,000/- (Rupee One lac only) is considered appropriate. ... Coming to the question of enhancement of compensation by the claimants/appellants (CMA No.343/1998) viz. Smt. Panchi Devi and Sh. ... Singhvi, is not in a position to controvert the same and, therefore, a suitable enhancement in the compensation awarded is called for and, therefore, to this extent, the appeal (CMA No.343/1998) deserves to be partly allowed and the award appealed against deserve to be suitably modified....
the light of the agreement of lease executed on the basis whereof renewal of the lease has been prayed for and the surrounding circumstances including the subsequent agreements entered into between the parties with respect to the electricity and air-conditioning charges, and the mode and method for enhancement ... The job of the Court in arriving at a figure, keeping in view the controversy between the parties at an interlocutory stage is a difficult one. ... The Court no doubt has issued certain interim direction from time to time directing the Jute Corpo....
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