AI Overview...
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Stopgap Arrangement - A temporary measure implemented to address immediate needs without establishing permanent rights or entitlements. It is often used for supply of resources, appointments, or services on a provisional basis, and typically ceases once the specific purpose is fulfilled or a permanent solution is adopted. Vinayaka Agencies VS State Of AP - Andhra Pradesh, Anant Priya Sen VS State of Jharkhand, Through the Secretary, School Education and Literacy Department Ranchi - Jharkhand, Asangla Aier VS State of Nagaland - Gauhati, N. Baskar VS Additional Director General of Police Armed Police, Kilpauk, Chennai - Madras, ARJUN SOPAN GAIKWAD VS UNION OF INDIA - Bombay
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No Indefeasible Rights - Courts have consistently held that arrangements labeled as stopgap do not grant any permanent or indefeasible rights to beneficiaries or appointees. For instance, diploma holders under CDC or teachers in model schools do not acquire permanent status through such arrangements. State of Punjab VS Arun Kumar Aggarwal - Supreme Court, Anant Priya Sen VS State of Jharkhand, Through the Secretary, School Education and Literacy Department Ranchi - Jharkhand, Asangla Aier VS State of Nagaland - Gauhati
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Limited Duration and Termination - Such arrangements are recognized as temporary, often specified to last only until a regular appointment or sufficient personnel are available. Courts emphasize that long-term continuance (e.g., four years) cannot be classified as stopgap, and the arrangement is inherently provisional. Balwant Sadashiv Gadge VS State of Maharashtra, through its Secretary, Department of Higher and Technical Education, Mantralaya, Mumbai - Bombay, ARJUN SOPAN GAIKWAD VS UNION OF INDIA - Bombay
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Impact on Seniority and Benefits - Experience gained under stopgap or ad hoc appointments generally does not count towards seniority or permanent status unless followed by a regular appointment through proper selection processes. Asangla Aier VS State of Nagaland - Gauhati, ARJUN SOPAN GAIKWAD VS UNION OF INDIA - Bombay
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Legal and Administrative Clarifications - Courts and authorities have clarified that such arrangements are made to meet temporary requirements, and any guarantee or undertaking given in this context does not imply permanent rights. Guarantees or promotions under stopgap arrangements do not alter their provisional nature. Regional Dy. Director of Women and Child Welfare, Kurnool VS K. Baby Sarojini - Andhra Pradesh, Reena Gambhir VS Central Bank of India - Delhi
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Summary - Overall, stopgap arrangements serve as temporary solutions in employment and resource supply, with courts consistently ruling that they do not confer permanent rights, seniority, or benefits unless formalized through regular procedures. These arrangements are intended solely for immediate needs and are subject to termination once the purpose is achieved.
References: - Vinayaka Agencies VS State Of AP - Andhra Pradesh - State of Punjab VS Arun Kumar Aggarwal - Supreme Court - Anant Priya Sen VS State of Jharkhand, Through the Secretary, School Education and Literacy Department Ranchi - Jharkhand - Balwant Sadashiv Gadge VS State of Maharashtra, through its Secretary, Department of Higher and Technical Education, Mantralaya, Mumbai - Bombay - Asangla Aier VS State of Nagaland - Gauhati - Regional Dy. Director of Women and Child Welfare, Kurnool VS K. Baby Sarojini - Andhra Pradesh - Reena Gambhir VS Central Bank of India - Delhi - ARJUN SOPAN GAIKWAD VS UNION OF INDIA - Bombay
Search Results for "Stopgap Arrangement"
2023 0 Supreme(AP) 45 • India - Andhra Pradesh
CHEEKATI MANAVENDRANATH ROY
right by virtue of said orders to continue supply of food items for remaining period - Since it is only a stopgap arrangement it ... arrangement made to see that beneficiaries scheme are not deprived of the benefits of the scheme - So petitioner cannot claim any ... Women Development and Child Welfare Department in favor of petitioner for supply of food items, it was only an order issued as a stopgap ... Since, it is only a stopgap arrangement, it would cease from the day on which the ....
2007 0 Supreme(SC) 1789 • India - Supreme Court
H.K.SEMA, V.S.SIRPURKAR
The court held that CDC was a stopgap arrangement and no indefeasible right accrued to the diploma-holder junior engineers. ... Ratio Decidendi: The court held that CDC was a temporary stopgap arrangement and no indefeasible right accrued to the diploma-holder ... Finding of the Court: The court found that CDC was a stopgap arrangement and no indefeasible right accrued to the diploma-holder ... It was purely a stopgap arrangement, neither based on....
2017 0 Supreme(Jhk) 48 • India - Jharkhand
SHREE CHANDRASHEKHAR
Finding of the Court: The court held that the appointment of teachers in Model Schools was a stopgap arrangement and ... Ratio Decidendi: The appointment of teachers in Model Schools was a stopgap arrangement, and the petitioners were not required ... arrangement and the petitioners were not required to appear in the selection process pursuant to the advertisement dated 06.11.2016 ... This exercise was undertaken only by way of a stopgap arrangement, for providing ....
2018 0 Supreme(Bom) 10 • India - Bombay
B.P.DHARMADHIKARI, SWAPNA S.JOSHI
After this first appointment, again he got another appointment on as Turner Instructor as stopgap arrangement for a period of months ... arrangement or against leave vacancy on posts can after completion of three years service be recognised as permanent Government ... recognize them as permanent after they put in three years as temporary servants - Thus a temporary servant who may have worked as stopgap ... After this first appointment, again he got another appointment on 30.7.1985 as Turner Instructor as stopg....
2002 0 Supreme(Gau) 320 • India - Gauhati
B.LAMARE
The court held that the petitioner's adhoc service cannot be counted towards seniority as it was a stopgap arrangement and the regular ... arrangement and the regular appointment was made only after a fresh advertisement and selection. ... Ratio Decidendi: The court held that the petitioner's adhoc service cannot be counted towards seniority as it was a stopgap ... The count of seniority may be made if such adhoc appointment was subjected to the process of selection as is done in the case of regular appointment and the ....
2001 0 Supreme(AP) 278 • India - Andhra Pradesh
S.B.SINHA, S.R.NAYAK
arrangement as Junior Engineer-I he had given an undertaking to appellant that on basis of stopgap arrangement he would not claim ... In said decision it is observed thus - Learned Counsel for appellant attempted to contend that when respondent was promoted in stopgap ... Learned Counsel for the appellant attempted to contend that when the respondent was promoted in stopgap arrangement as Junior Engineer-I, he had given an undertaking to the appellant that on the basis of sto....
• India - Delhi
HIMA KOHLI, SUBRAMONIUM PRASAD
while the respondent bank contended that the guarantee was not limited to a stopgap arrangement. ... arrangement. ... Court: The court found that the guarantee given by the petitioner did not contain any clause stating that it was only a stopgap ... The DRAT held that the guarantee deed given by the petitioner did not contain any clause stating that the guarantee was only given as a stopgap arrangement. ... DRT-II by its order dated 12.10.2018, found that the securities given by the p....
2025 Supreme(Online)(Guj) 9102 • India - IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
M. K. THAKKER, J
The court stated, 'the appointment was made as a stopgap arrangement to meet a temporary necessity' and highlighted the lack of a ... The cross-examination also reinforces the position that the respondent's appointment was made as a temporary, stopgap arrangement. 7.1. ... The appointment order, which forms part of the record, clearly indicates that the said appointment was purely a stopgap arrangement, to continue only until a regular employee was made available. ... However, despite ....
2023 0 Supreme(Mad) 2171 • India - Madras
P. B. BALAJI
It also held that where an appointment was made by way of a stopgap arrangement, the experience on such appointment cannot be equated ... It also held that where an appointment was made by way of a stopgap arrangement, the experience on such appointment cannot be equated ... It is also held that where an appointment was made by way of a stopgap arrangement, without considering claims of all eligible and available persons and without following the rules of appointment, the experience on....
2006 0 Supreme(Bom) 387 • India - Bombay
V.G.PALSHIKAR, V.R.KINGAONKAR
- Continuing a person for long duration of four years cannot be termed as stopgap arrangement - Petitioner held entitled for seniority ... post four years later and given seniority from that date - Ad hoc appointments are permissible for short period and on stop gap arrangement ... The long duration of approximately 4 years cannot be termed as a stop - gap arrangement. ... 14. ... If a stopgap appointment is made and the appointee appears before the Public Service Commission when the latter proceeds ....
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