AI Overview...
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Adhoc Promotion - Considered as valid service for promotion and seniority; all service records, including adhoc periods, must be forwarded to the Public Service Commission for consideration. Promotions on adhoc basis are often recognized for seniority and eligibility, provided they are finally approved by the competent authority. Sheo Dayal Sinha VS State of Bihar - Supreme Court
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Regularisation of Adhoc Service - Long-term adhoc employees, such as railway employees, may be entitled to regularisation of their service, which impacts their promotion eligibility. Circulars, like that of 1982, guide the process, emphasizing the recognition of adhoc service for regularisation. Deputy Chief Mechanical Engineer, Northern Railway VS Zonal President Uttar Railway Karamchari Union - Allahabad
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Eligibility and Promotion Criteria - Promotion based on adhoc service can be granted even without departmental examination if the service period meets specific criteria (e.g., 12 years). Regularisation of such promotions is permitted when the conditions are satisfied. Chandra Shekhar Roy VS Bihar State Electricity Board - Patna
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Seniorities and Service Benefits - Periods served on adhoc basis are liable to be counted towards seniority when finally approved. However, adhoc service generally does not count towards service benefits, increments, or promotions unless explicitly regularized or approved. Krishna Singh Banafar VS State of U. P. and Others - Allahabad, Suraj Singh VS State of Uttarakhand - Uttarakhand
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Legal and Administrative Procedures - Regularisation of adhoc promotions requires adherence to procedures, including consultation with the DPC. Orders of regularisation cannot be issued unilaterally and must follow statutory rules. Relaxation of eligibility conditions for adhoc promotions is permissible under certain circumstances. Nyajum Padu VS Commissioner and Secretary, PWD, Govt. of Arunachal Pradesh - Gauhati
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Impact on Promotion and Seniority Lists - Challenges to seniority lists often involve adhoc service and the appointment of ineligible persons. Courts have emphasized that adhoc service, when finally approved, should be counted for seniority but not necessarily for service benefits unless regularized. Desh Raj VS Himachal Pradesh State Electricity Board - Himachal Pradesh
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Retrospective Promotion - Petitioners may be entitled to retrospective promotion if their adhoc appointment was continuous and eligible, despite delays or non-regularisation. Courts have highlighted the importance of the existence of vacancies and adherence to promotion procedures. Moli Tatu, S/o Late Semmo Riba VS State Arunachal Pradesh - Gauhati
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Promotion Quotas and Service Counting - In cases involving promotion quotas (e.g., 20%), adhoc service can be considered for inter-se seniority when properly approved. The interpretation of rules governing adhoc service impacts promotion eligibility and seniority rankings. Deepak Bansal VS Central Administrative Tribunal - Punjab and Haryana
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Service Recognition and Scheme Applicability - Recognition of adhoc service for retirement benefits and promotion eligibility depends on the applicable scheme, such as the Agarwal Commission recommendations, which were upheld for time-bound promotions until 1995. Past adhoc service can be valid for service benefits if recognized under relevant schemes. Kamla Kant Pathak, son of Shri Niranjan Pathak vs State of Jharkhand - Jharkhand
Analysis and Conclusion:
Adhoc promotions are a significant aspect of service law, with their recognition affecting seniority, promotion eligibility, and service benefits. While adhoc service can be counted towards seniority and sometimes for promotion eligibility, regularisation and final approval are crucial for these periods to impact service benefits. Administrative procedures, including DPC consultation and adherence to statutory rules, are essential for the legality of regularisation and promotion orders. Courts have consistently emphasized the importance of proper documentation and final approval for adhoc service to be recognized officially.
Search Results for "Service Adhoc Promotion"
1981 0 Supreme(SC) 247 • India - Supreme Court
Constitution of India Ar. 14 & 16 - Bihar Agricultural Service - Adhoc promotion - Promotion to posts in the ... same class-Cases of persons eligible must be considered-Service Records of all must be sent to the Public Service Commission-Non ... for promotion. ... Whenever the Governor decides that a vacancy shall be filled by promotion or transfer of an officer already in the service of Government, a reference shall be made to the ....
1992 0 Supreme(All) 927 • India - Allahabad
M.L.BHAT
REGULARISATION OF SERVICE - ADHOC PROMOTION - RAILWAY EMPLOYEE - INDUSTRIAL DISPUTE - CENTRAL ADMINISTRATIVE TRIBUNAL ACT, 1985 ... years of service as a recognition of the principle of regularisation for long-term adhoc employees. 3. ... Whether the long-term service of Raghunath Prasad as an adhoc employee entitled him to regularisation? 5. ... The Railway Board is said to have issued a circular on 9-7-1982 that normal rules for promotion had to be....
2003 0 Supreme(Pat) 565 • India - Patna
RAVI S.DHAVAN, R.N.PRASAD
Service Law - Promotion - Claiming promotion to the post of junior Accounts Clerk/Bill Clerk - Eligibility of promotion was on the ... of 12 years service even without passing the examination - Regularisation of promotion claimed on that basis - Promotion permitted ... condition of passing departmental examination - In pursuance of an office order several persons granted adhoc promotion after completion ... The petitioner-appellant ....
2013 0 Supreme(All) 357 • India - Allahabad
RAM SURAT RAM (MAURYA)
promotion. ... promotion. ... the basis of adhoc promotion is liable to be counted towards the seniority of the petitioner. ... The State of U.P. and others, in which it was held that the period of service rendered on the basis of adhoc promotion is liable to be counted in seniority when the adhoc promotion has been finally approved by the competent authority. ... If a person was duly promoted on adhoc basis and hi....
2007 0 Supreme(Gau) 223 • India - Gauhati
ZELRE ANGAMI
SERVICE LAW - Recruitment - Regularization of adhoc promotion - Relaxation of eligibility conditions - Power to relax - Whether ... a condition of promotion - Whether the order of regularization of adhoc promotion can be made without consulting the DPC - Whether ... The order of regularization of adhoc promotion cannot be made without consulting the DPC. 5. ... By the said order dated 26.7.2005 the adhoc promotion ....
2012 0 Supreme(UK) 615 • India - Uttarakhand
TARUN AGARWALA
record, and the consideration of adhoc service period for service benefits. ... The period spent on adhoc service cannot be taken into consideration for service benefits. ... The court also held that the period spent on adhoc service cannot be considered for service benefits. ... into consideration for increments, promotion, etc. ... Where an adverse report is not communicated or a representation against an adverse....
2012 0 Supreme(HP) 394 • India - Himachal Pradesh
SANJAY KAROL
and the challenge to the seniority list primarily on the grounds of adhoc service and appointment of ineligible persons. ... The challenge to the seniority list was based on adhoc service, appointment of ineligible persons, and the interpretation of the ... service and appointment of ineligible persons, and the applicability of statutory rules and previous court decisions. ... The instructions dated 31st August, 2002, specifically deal with counting of adhoc service f....
2023 0 Supreme(Gau) 709 • India - Gauhati
KARDAK ETE
of clear vacancies for promotion, stating that petitioners had continuous service as adhoc AEs. ... dated 07.09.2020, denying retrospective regularization of adhoc promotion from 2006 - Court emphasizes eligibility and existence ... ... ... Issues: Whether the petitioners are entitled to retrospective promotion from the date of adhoc appointment despite DPC recommendation ... Though in their promotion orders it is clearly stated that the ....
2005 0 Supreme(P&H) 1184 • India - Punjab and Haryana
S.S.NIJJAR, NIRMAL YADAV
No. 8 in the seniority list filed OA before the CAT to count Adhoc service as qualifying service for promotion to the rank of Assistant ... a) (b) - Qualification for appointment by promotion - 20% quota for promotees - Interpretation of - Promotion - Interse seniority ... Punjab State Electricity Board Service of Engineers (Electrical) (Chandigarh Amendment) Regulations, 1985 - Regulation 9 (7), 9 ( ... The respondents were directed to count the ad hoc serv....
2025 0 Supreme(Jhk) 1286 • India - IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANANDA SEN
change in absorption date affecting promotion eligibility based on service recognition from 1988. ... Agarwal Commission’s recommendation upheld - Promotion scheme applicable until 23.09.1995 established for time-bound promotions. ... retirement benefits; Past employment period as adhoc lecturer acknowledged as valid for service benefits. ... Agarwal Commission and scheme of time bound promotion which is applicable only till 23.09.1995. As the service#HL_END....
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