AI Overview...
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Ad Hoc / Temporary Basis - Many sources highlight that appointments made on an ad hoc or temporary basis are generally not considered permanent and are often made without regular selection processes. Such appointments can be terminated at any time, typically due to unsatisfactory work, lack of post availability, or other administrative reasons. For example, courts have held that services of ad hoc employees can be terminated unless protected by specific rules or orders (Sources: C. D. Chokshi VS STATE - Gujarat, Malwinder Singh Mali VS Punjabi University Through Its Registrar - Punjab and Haryana, Baij Nath VS State of Rajasthan - Rajasthan, Jawahar Lal Ram Son of Sri Hiralal Ram VS State of Bihar - Patna).
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Counting Service for Benefits - Courts and authorities have recognized that service rendered on ad hoc or temporary basis can be counted towards certain benefits, such as eligibility for selection scales or seniority, provided rules or court decisions support this. For instance, in Sohan Lal & Anr., it was held that entire service, including ad hoc periods, should be included for such purposes (Sources: State of Rajasthan VS Bajrang Lal Acharya - Rajasthan, State of Rajasthan VS Madan Singh - Rajasthan).
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Legal Protections and Continuity - Some rulings have directed that persons appointed on ad hoc/temporary basis should be allowed to continue until a regular selection is made, especially when their services are extended or their appointment is legally recognized. Courts have emphasized that such employees can have a right to continue if their appointment was made following proper procedures or orders (Sources: Malwinder Singh Mali VS Punjabi University Through Its Registrar - Punjab and Haryana, Dilip Bhatnagar : Anil Prakash Mathur VS Rajasthan Agriculture University, Bikaner - Rajasthan).
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Termination and Legal Challenges - Termination of ad hoc or temporary employees often faces legal scrutiny, especially if the appointment lacked proper procedures or was against rules. Courts have set aside terminations where procedures were not followed or appointments were irregular, asserting the importance of legality in such dismissals (Sources: Jawahar Lal Ram Son of Sri Hiralal Ram VS State of Bihar - Patna, RAMLAL G. JOSHI VS AMRELI NAGARPALIKA - Gujarat).
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Rules and Regulations - The appointment on ad hoc/temporary basis is governed by specific rules such as the Bombay Civil Services Rules, Rajasthan Panchayat Rules, and others, which delineate the conditions under which such appointments can be made, continued, or terminated. The absence of a regular selection process generally limits the rights of ad hoc appointees, but courts sometimes recognize their service for certain benefits (Sources: C. D. Chokshi VS STATE - Gujarat, State of Rajasthan VS Madan Singh - Rajasthan, Girdhari Lal Meena VS The State of Rajasthan - Rajasthan).
Analysis and Conclusion: Appointments on an ad hoc or temporary basis are typically provisional, with limited job security and rights to permanency unless supported by specific rules or orders. Courts recognize that such service can be counted for certain benefits, but termination is generally permissible unless procedural violations occur. Proper legal procedures and adherence to rules are crucial in safeguarding the rights of ad hoc employees.
Search Results for "Ad Hoc Temporary Basis"
1993 0 Supreme(Guj) 235 • India - Gujarat
K.J.VAIDYA
and temporary basis. ... and temporary basis. ... COMPULSORY RETIREMENT - GOVERNMENT SERVANT - AD-HOC AND TEMPORARY BASIS - BOMBAY CIVIL SERVICES RULES, 1959, RULE 161(AA)(I)(A ... ... ( 1 ) WHETHER a Government servant holding a particular post quite on ad-hoc and temporary basis could be compulsorily retired under clause (aa) (l) (A) of Rule 161 of the Bombay Civil Services Rules, 1959? ... Supehia that though t....
2003 0 Supreme(Raj) 1500 • India - Rajasthan
H.R.PANWAR
and temporary basis. ... and temporary basis. ... and temporary basis, as per the relevant rules and previous court decisions. ... Sohan Lal & Anr., DBCSA No. 152/2002 decided on 14.05.2002 , it has been held that for the grant of selection scales, the entire service period is to be counted, including the services rendered on ad hoc and temporary basis as per the ratio laid down in Pushplata Thada etc. v. ... Ram Kishan & ors., 200....
1999 0 Supreme(P&H) 1283 • India - Punjab and Haryana
N.K.SODHI, N.K.SUD
The court directed the University to allow the petitioner to continue on an ad hoc-temporary basis till a regular selection to the ... The services of an ad hoc/temporary employee can be terminated only on account of unsatisfactory work or if the post is not available ... extension of the term of the petitioner was set aside and a direction was issued to it to allow the petitioner to continue on an ad hoc-temporary ... In the circumstances, the petitioner has a right ....
1989 0 Supreme(Raj) 606 • India - Rajasthan
D.L.MEHTA, S.S.BYAS
The State Government issued an order on 06.04.1988 confirming and making permanent those teachers appointed on temporary/ad hoc basis ... It is a well established principle that the person appointed on temporary/ ad hoc basis without selection should surrender in favour ... It is only thereafter that the non-selected teachers were to be retained in service on temporary/ad hoc basis, if the vacancies still ... Those writ petitions we....
1994 0 Supreme(Raj) 699 • India - Rajasthan
RAJESH BALIA
/temporary basis on fixed pay basis without holding a regular selection. ... temporary basis on fixed pay basis without holding a regular selection. ... That the petitioners in all the writ petitions who are working on ad hoc-temporary/casual basis since their appointment shall continue ... Broadly speaking, before I notice facts in these cases, if may be stated that petitioners in all these petitions were appointed as Lower Divisi....
2023 0 Supreme(Pat) 601 • India - Patna
P. B. BAJANTHRI, ARUN KUMAR JHA
Fact of the Case: The appellants were appointed on ad hoc/temporary basis and their services were terminated. ... Repeal Act, 2007 - Ad Hoc Appointments - The court set aside the termination of ad hoc employees' services due to noncompliance ... The committee report for absorption of ad hoc employees was found to be incomplete and illegal due to lack of consent and approval ... The appellants were appointed on ad hoc/temporary basis#HL_EN....
1996 0 Supreme(Guj) 361 • India - Gujarat
S.K.KESHOTE
temporary basis against leave vacancy is a case where petitioner was not given any regular appointment – Held, Court Collector has ... or temporary appointment – Petition dismissed(Para 4) Civil Procedure Code - Petitioner was appointed as daily wager clerk in office of respondent - Petitioner was given temporary ... The appointment of the petitioner was admittedly an ad hoc temporary against the leave vacancy. ... When the appointment of the petitioner was itself bad, he has no right ....
2006 0 Supreme(Raj) 2215 • India - Rajasthan
MOHAMMAD RAFIQ
18, 19, 23, 24, 25 - The court examined the rules governing appointments on regular and temporary basis and held that ad hoc appointment ... Fact of the Case: The respondents were appointed on ad hoc temporary basis and sought seniority from the date of their ... Seniority - Appointment on Ad Hoc Basis - Rajasthan Panchayat Samities and Zila Parishads Service Rules, 1959 - Rules 15, 17, ... He has argued that the appointments of the respondents wer....
1997 0 Supreme(Raj) 1249 • India - Rajasthan
A.K.PARIHAR
Fact of the Case: Petitioners were appointed on a purely ad-hoc/temporary basis by the State Law Commission, which ... Issues: Whether the petitioners, who were appointed on a purely temporary/ad-hoc basis by the State Law Commission, were entitled ... SURPLUS PERSONNEL - ABSORPTION - RAJASTHAN CIVIL SERVICES (ABSORPTION OF SURPLUS PERSONNEL) RULES, 1969 - APPLICABILITY - TEMPORARY ... After constitution of the State Law Commission the petitioners were given appoi....
1983 0 Supreme(Raj) 506 • India - Rajasthan
N.M.KASLIWAL
Finding of the Court: The court held that the petitioners' appointments were purely on an ad hoc and temporary basis ... and temporary basis and that the respondent Bank had the right to terminate the contract. ... basis for a period of three months or till regularly selected Vyavasthapaks were available. ... He was admittedly appointed on ad hoc basis and his temporary services have been terminated by giving him one month's notic....
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