Case Note & Summary
The appeal arose from a dispute regarding the seniority of the Appellant, who was appointed as a Stenographer (OG) on an ad-hoc basis in 1981 and regularised in 1992 after passing a proficiency test. The Appellant challenged the rejection of his claim for seniority for the period he served ad-hoc, arguing that he should be treated as a Regular Stenographer from the date of his initial appointment. The Tribunal had previously ruled against him, affirming that his appointment was temporary and ad-hoc, which was upheld by the High Court. The Respondents contended that all similarly appointed individuals were treated alike and that the Appellant's initial appointment did not comply with the necessary recruitment rules. The Supreme Court analyzed the legal principles surrounding ad-hoc appointments and seniority, referencing precedents that established that ad-hoc service cannot be counted for seniority unless the appointment was made according to the rules. The Court concluded that the Appellant's claim for seniority from the date of his initial appointment was impermissible, as he had not cleared the requisite examination at that time. Consequently, the appeal was dismissed, affirming the lower courts' decisions.
Headnote
A) Service Law - Seniority - Counting of Ad-hoc Service - Income Tax Department (Group C Recruitment Rules, 1990) - The Appellant's initial appointment was ad-hoc and temporary, thus his seniority could not be counted from that date. The court held that the Appellant's officiation in the post cannot be considered for seniority as it was not made according to the rules and was a stop-gap arrangement (Paras 13-23).
Issue of Consideration
Whether the Appellant can be treated as Regular Stenographer from the year 1981 and claim seniority for ad-hoc service rendered until regularisation.
Final Decision
The Supreme Court dismissed the appeal, affirming that the Appellant's seniority could only be counted from the date he passed the proficiency test, which was on 12.04.1992.
Law Points
- Seniority
- Ad-hoc Appointment
- Regularisation
- Recruitment Rules
- Proficiency Test
