Case Note & Summary
The dispute arose from appeals filed by the State of Haryana concerning the counting of ad hoc service for the purpose of higher pay scales under a Government Circular. Rakesh Kumar Singla, who was appointed as an Assistant Engineer on an ad hoc basis in 1980 and later regularized in 1982, sought to have his ad hoc service counted towards the 12 years required for a higher pay scale. The State contended that only regular service post-appointment in accordance with the Recruitment Rules should be counted. The High Court initially ruled in favor of Singla, but the State appealed, arguing that the ad hoc service was not in compliance with the Recruitment Rules and thus should not be counted. The Supreme Court analyzed the relevant Circulars and Recruitment Rules, concluding that the ad hoc service could not be considered regular service for the purpose of the pay scale benefits. The court set aside the High Court's majority judgment and ruled that the 12-year period for Singla should be counted from his regular appointment in 1982, not from his ad hoc service starting in 1980. Consequently, the appeals by the State of Haryana were allowed, and the High Court's directions were overturned. The court also noted that other related cases would be heard separately as they involved different circumstances regarding work-charge appointments.
Headnote
A) Administrative Law - Service Counting - Ad hoc Service Not Counted for Regular Pay Scale - Government Circular, 1989 - The court held that service rendered on an ad hoc basis cannot be counted towards the 12 years of regular service required for higher pay scale benefits as per the Government Circular dated 2.6.1989. The majority view of the High Court was found erroneous as it equated 'regular service' with 'continuous service', contrary to the provisions of the Recruitment Rules (Paras 1-5).
Issue of Consideration
Whether services rendered by an ad hoc appointee can be counted for earning benefits of higher scale of pay under Government Memorandum upon regular appointment.
Final Decision
The Supreme Court set aside the majority judgment of the High Court, ruling that the 12 years of service for eligibility for the Selection Grade should be counted from the date of regular appointment on 29.1.1982, not from the ad hoc appointment on 4.1.1980. The appeals filed by the State of Haryana were allowed.
Law Points
- Service counting
- ad hoc appointment
- Recruitment Rules
- higher pay scale
- Government Circular
