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Ad Hoc Recruitment Not Permissible from External Feeder Cadre
In the realm of government service and public sector employment in India, recruitment and promotion processes are governed by strict recruitment rules framed under Article 309 of the Constitution. A common query arises: Is ad hoc recruitment permissible from an external feeder cadre? Typically, the answer is no. Courts have consistently held that ad hoc or temporary appointments outside the prescribed rules—especially from external sources not recognized as feeder cadres—do not confer rights to seniority, promotion, or regularization unless explicitly regularized per the rules. This blog post delves into key judicial precedents and principles to clarify this issue.
Understanding Feeder Cadre and Recruitment Sources
A feeder cadre refers to the lower-grade posts from which promotions to higher positions are made. Recruitment rules specify sources like direct recruitment, promotion from a defined feeder cadre, deputation, or transfer. Ad hoc appointments are stopgap measures, often made when regular processes are delayed, but they must align with substantive rules.
- Substantive appointment: A permanent or regular appointment following due process, which counts for seniority.
- Ad hoc appointment: Temporary, not counting for seniority unless regularized retrospectively under specific conditions. Tanzin Gombu Khrime & Ors. VS State of Arunachal Pradesh & Ors. - 2013 Supreme(Gau) 840
Courts emphasize that deviations, like pulling candidates from external feeder cadres on an ad hoc basis, undermine the quota-rota system and equality under Articles 14 and 16. G. S. Lambas VS Union of India,s - 1985 Supreme(SC) 102
Judicial Stance on Ad Hoc Appointments from External Sources
Indian courts, including the Supreme Court and High Courts, have ruled against ad hoc recruitments that bypass feeder cadre requirements. Here's a breakdown based on landmark cases:
1. Seniority Tied to Substantive Promotions, Not Ad Hoc
In a case involving the Indian Foreign Service (IFS) Branch B, petitioners challenged seniority lists where direct recruits were placed above earlier promotees. The court quashed the lists, holding:
Once promotees were promoted regularly to substantive vacancies even if temporary unless there was a chance of their demotion to lower cadre, their continuous officiation confers on them an advantage of being senior to later recruits under R. 21(4) G. S. Lambas VS Union of India,s - 1985 Supreme(SC) 102
Key takeaway: Ad hoc or irregular promotions from non-feeder sources don't override rota rules. If quotas are relaxed, continuous officiation in the cadre provides a valid seniority principle, but external ad hoc pulls are invalid.
2. Ad Hoc Appointments De Hors Rules Don't Count
In Arunachal Pradesh Accounts Officers' case, petitioners sought retrospective regularization of ad hoc promotions. The court rejected it:
Petitioners’ appointment on 'ad hoc' basis was not by any of the 4 modes prescribed by the R.R – It is apparent that their appointment was de hors the Rules – In fact, few of the petitioners were appointed even without completion of the qualifying service in the feeder cadre Tanzin Gombu Khrime & Ors. VS State of Arunachal Pradesh & Ors. - 2013 Supreme(Gau) 840
Ratio decidendi: Initial ad hoc appointments outside rules (e.g., from external cadres without eligibility) do not count for seniority, distinguishing them from probationary appointments.
3. Feeder Cadre Eligibility Strictly Enforced
For promotions to posts like Lecturer in English under U.P. Acts, service as a 'Subject Expert' (external-like) didn't qualify:
Service as a Subject Expert did not fulfill the eligibility criteria for promotion to the post of Lecturer in English Arvind Kumar Sharma VS State of U. P. and others - 2010 Supreme(All) 3179
Similarly, in Uttaranchal Government Servants Seniority Rules:
'Substantive appointment' as an appointment, not being an ad-hoc appointment, on a post in the cadre of service Sunita Pandey VS State of Uttarakhand - 2020 Supreme(UK) 178 Sunita Pandey VS State Of Uttarakhand - 2020 Supreme(UK) 198
Seniority is based on substantive dates, not ad hoc entry from external sources. Direct recruits ranked above late promotees if substantively appointed earlier.
4. Relaxation Possible but Limited
Note 4 in some rules allows relaxation, but only for defined feeder cadres:
The case of the petitioner that he was selected on promotion basis, although he was not in the feeder cadre for promotion to the aforesaid post. Still he was promoted in relaxation of Rule which was permissible as per Note - 4 I.P. Dhawan vs Govt. of NCT of Delhi
However, this doesn't extend to purely external ad hoc recruitment without rule-backing.
5. Integrated Seniority Without Quota
Where rules lack quotas for multiple feeders (e.g., Enforcement Officer and Office Superintendent for Chief Enforcement Officer), an integrated list is used, but ad hoc from outsiders is impermissible. Surinder Singh vs Union of India
Exceptions and Permissible Practices
While ad hoc from external feeder cadres is generally not allowed, exceptions include:
- Shortfall in internal cadre: Temporary ad hoc from within service, not external. G. S. Lambas VS Union of India,s - 1985 Supreme(SC) 102
- Past practice under relaxation: But must not violate core rules. Ravi Kant Sinha vs Jawaharlal Nehru University
- Vacancy-based rosters: Promotions follow vacancy, not post-based, ensuring feeder integrity. Pritam Dahiya, Suneel Kumar, Rakesh Kumar Mishra, N Kishore Reddy, Girish Yadav, Sangeetha G vs Union of India, Central Board of Indirect Taxes & Customs, Directorate General, HRD - 2025 Supreme(Online)(CAT) 7764
In university cases, deputation violating promotion-only rules was struck down, mandating internal consideration. RAVI KANT SINHA Vs JAWAHARLAL NEHRU UNIVERSITY AND ORS. - 2020 Supreme(Online)(DEL) 3361
Pay and Seniority Anomalies
Related issues like stepping up of pay under FR 22(I)(a)(1) require same cadre and identical posts:
Both the junior and senior Government servants should belong to the same cadre and the posts in which they have been promoted or appointed should be identical Shri V.V. Krishna Sarma vs Union of India through Secretary, Ministry of Information & Broadcasting - 2025 Supreme(Online)(CAT) 4687
Ad hoc anomalies from external sources don't qualify.
Delhi and Union Territory Contexts
In NCTD services, executive powers are limited; LG acts on ministerial advice for List III entries, but service rules (Entry 41 List II) restrict GNCTD. Ad hoc deviations must align with constitutional bounds. GOVT. OF NCT OF DELHI VS UNION OF INDIA - 2019 Supreme(SC) 164
Key Takeaways for Employers and Employees
- Follow recruitment rules strictly: Ad hoc from external feeder cadres risks quashing and seniority loss.
- Substantive over ad hoc: Only regular appointments confer benefits. Sunita Pandey VS State of Uttarakhand - 2020 Supreme(UK) 178
- Challenge delays judiciously: Prolonged ad hoc without regularization prejudices rights under Articles 14/16.
- Policy changes valid: States can amend rules without vesting rights in old paths. Prakash Kumar Chhatoi, Son Of Bhramarbar Chhatoi vs State Of Orissa Represented Through The Principal Secretary To Government Department Of Panchayati Raj - 2026 Supreme(Online)(Ori) 248
| Aspect | Ad Hoc from External | Substantive from Feeder |
|--------|----------------------|------------------------|
| Seniority | No, unless regularized | Yes, from date of appointment |
| Promotion Rights | Limited/None | Full per quota-rota |
| Court View | De hors rules, invalid | Upheld G. S. Lambas VS Union of India,s - 1985 Supreme(SC) 102 |
Conclusion
Ad hoc recruitment not permissible from external feeder cadre is a settled principle to ensure fairness and rule of law in public services. Courts prioritize statutory recruitment rules over administrative convenience, quashing deviations that import ineligible candidates. While relaxations exist, they don't greenlight external ad hoc pulls. Employees should verify feeder eligibility; departments must adhere to vacancy-based processes.
This post provides general insights based on judicial precedents and is not legal advice. Consult a qualified lawyer for specific cases, as outcomes depend on facts and rules.
Search Results for "Ad Hoc Recruitment from External Feeder Cadre: Not Allowed?"
1981 0 Supreme(SC) 511 • India - Supreme Court
A.C.GUPTA, V.D.TULZAPURKAR, S.MURTAZA FAZAL ALI, R.S.PATHAK, P.N.BHAGWATI, D.A.DESAI, E.S.VENKATARAMIAH
permissible to rely on external aids. ... so as to ascertain or find out the objects of the Act, external aids may be permissible. ... State of Madras' where Kania, C.J. pointed out that external aid was not permissible unless a statute was ambiguous and observed
1985 0 Supreme(SC) 102 • India - Supreme Court
D.A.DESAI, V.KHALID
source were filled in from concerned source and if not so filled in, Whether any recruitment in excess of quota was made from other ... from a particular source and / or there was excess recruitment from some other source - Whether all vacancies allocable to each ... to post of Assistant, and were allocated to Ministry of External Affairs - After initial constitution of service petitioners were ... The promotions were not styled as ....
2019 0 Supreme(SC) 164 • India - Supreme Court
A.K.SIKRI, ASHOK BHUSHAN
NCTD) – Appropriate Government in respect of Union Territories shall be Central Government only – In all those matters which do not ... also empowered to form its opinion ‘on any matter’ which may be different from decision taken by his Ministers – Any matter does not ... of President – LG is expected to honour wisdom of council of ministers – He is also expected to clear files expeditiously and is not ... permissible. ... Members of the Delhi Administrative Subordinate Services are the feeder #HL_START....
2025 Supreme(Online)(CAT) 4687 • India - Central Administrative Tribunal
Dr. Chhabilendra Roul, Ajay Pratap Singh, JJ
guidelines on stepping up of pay (FR 22(I)(a)(1) context) and the condition that both junior and senior officers belong to the same cadre ... as fixed for the junior officer in that higher post.”; “Both the junior and senior Government servants should belong to the same cadre ... step-up applies prospectively from the junior’s promotion date, and (iii) only in cases where the senior and junior are in the same cadre ... (I) (a) (1) are not available on ad hoc promotion but only on regul....
2010 0 Supreme(All) 3179 • India - Allahabad
V.K.SHUKLA
Appointment - U.P. Act No. II of 1921, U.P. Act No. 24 of 1971, U.P. Act No. ... Finding of the Court: The court found that the petitioner's service as a Subject Expert did not fulfill the eligibility ... Validity of transfer order, eligibility for promotion to Lecturer in English Ratio Decidendi: Service as a Subject Expert did not ... Source of recruitment. ... However, the candidate should be occupying the post in the feeder cadre on substantive....
1985 0 Supreme(SC) 102 • India - Supreme Court
D.A.DESAI, V.KHALID
source were filled in from concerned source and if not so filled in, Whether any recruitment in excess of quota was made from other ... from a particular source and / or there was excess recruitment from some other source - Whether all vacancies allocable to each ... to post of Assistant, and were allocated to Ministry of External Affairs - After initial constitution of service petitioners were ... The promotions were not styled as ....
2010 0 Supreme(All) 3179 • India - Allahabad
V.K.SHUKLA
Appointment - U.P. Act No. II of 1921, U.P. Act No. 24 of 1971, U.P. Act No. ... Finding of the Court: The court found that the petitioner's service as a Subject Expert did not fulfill the eligibility ... Validity of transfer order, eligibility for promotion to Lecturer in English Ratio Decidendi: Service as a Subject Expert did not ... Source of recruitment. ... However, the candidate should be occupying the post in the feeder cadre on substantive....
2025 Supreme(Online)(CAT) 4687 • India - Central Administrative Tribunal
Dr. Chhabilendra Roul, Ajay Pratap Singh, JJ
guidelines on stepping up of pay (FR 22(I)(a)(1) context) and the condition that both junior and senior officers belong to the same cadre ... as fixed for the junior officer in that higher post.”; “Both the junior and senior Government servants should belong to the same cadre ... step-up applies prospectively from the junior’s promotion date, and (iii) only in cases where the senior and junior are in the same cadre ... (I) (a) (1) are not available on ad hoc promotion but only on regul....
2016 0 Supreme(Del) 3544 • India - Delhi
G.S.SISTANI, I.S.MEHTA
Therefore, the petitioner was not prejudiced in any manner by the decision of the CCS. ... Therefore, the petitioner was not prejudiced in any manner by the decision of the CCS. ... Therefore, the petitioner was not prejudiced in any manner by the decision of the CCS. ... Promotion is the method of recruitment from feeder grade posts to higher post in the hierarchy as per the provisions of the Recruitment ... In view of the above, we find that delegation of power is permissib....
2020 0 Supreme(UK) 178 • India - Uttarakhand
RAMESH RANGANATHAN, R.C.KHULBE
... ... Ratio Decidendi: The court concluded that Rule 8(1) applies, meaning seniority is based on substantive appointment dates, ... 6, 8, 9) - The court found that seniority must be determined from the date of substantive appointment ... ; Rule 4(h) defined 'substantive appointment' as an appointment, not being an ad-hoc appointment, on a post in the cadre of service ... an ad hoc app....
• India - Delhi High Court
A.K.SIKRI, SIDDHARTH MRIDUL
The case of the petitioner that he was selected on promotion basis, although he was not in the feeder cadre for promotion to the aforesaid post. Still he was promoted in relaxation of Rule which was permissible as per Note - 4 appended to the extant Recruitment Rules. ... As already pointed out above, the post can be filled up by direct recruitment or promotion or transfer or deputation. The petitioner's case was not by way of direct recruitment; it ....
• India - Delhi High Court
PRADEEP NANDRAJOG, VEENA BIRBAL
The Recruitment Rule for the post of Chief Enforcement Officer has a feeder cadre consisting of: (i) Enforcement Officer; (ii) Office Superintendent. 3. ... It is settled law that where two posts constitute feeder post to a promotional post it is permissible to either fix a quota or have an integrated seniority list. 8. ... The Recruitment Rule does not provide for any quota; and this would mean that an integrated/combined seniority list of Enforcement Officers an....
• India - Delhi High Court
The petitioner‟s case was not by way of direct recruitment; it was not by way of promotion either, as the petitioner did not belong to the feeder cadre. ... The case of the petitioner that he was selected on promotion basis, although he was not in the feeder cadre for promotion to the aforesaid post. ... Still he was promoted in relaxation of Rule which was permissible as per Note – 4 appended to the ....
• India - Delhi High Court
The Recruitment Rule for the post of Chief Enforcement Officer has a feeder cadre consisting of:- (i) Enforcement Officer; (ii) Office Superintendent. 3. ... It is settled law that where two posts constitute feeder post to a promotional post it is permissible to either fix a quota or have an integrated seniority list. 8. ... The Recruitment Rule does not provide for any quota; and this would mean that an integrated/combined seniority list of Enfo....
2010 0 Supreme(Cal) 1017 • India - Calcutta
PRANAB KUMAR CHATTOPADHYAY, SYAMAL KANTI CHAKRABARTI
The rules of interpretation, of course, are not in consonance with induction of external aid where the provisions are express, unambiguous and can be interpreted and acted upon without taking any external aid or importing any new concept or words in the Recruitment Rule. ... cadre. ... But such interview is not the same as that taken in connection with direct recruitment for selection from general candidates. While considering their ACRs for promotion the relative sen....
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