Case Note & Summary
The case involved a dispute regarding the seniority of the appellant, Z. Ajeesudeen, who was appointed as an Assistant Engineer on an adhoc basis. The appellant was appointed on 30/09/1993, and his service was regularized on 21/06/1997. He contended that his seniority should be counted from the date of his adhoc appointment. The appellant relied on the precedent set in T. Vijayan & Ors. Vs. Divisional Railway Manager & Ors., which stated that seniority should be counted from the date of appointment. However, the court clarified that if the initial appointment was adhoc and not made according to the rules, the period of such service could not be counted for seniority. The court referenced M.K. Shanmugam Vs. Union of India, which established that only those adhoc appointments made through the same process as regular appointments could have their service counted. The court concluded that since the appellant's appointment was purely adhoc and not in accordance with the rules, his appeal lacked merit and was dismissed.
Headnote
A) Service Law - Seniority Calculation - Counting of Seniority from Adhoc Appointment - Constitution of India, Article 14 - The court held that seniority cannot be counted from the date of adhoc appointment if the appointment was not made according to the rules for regular appointment. The consistent view is that only those adhoc appointments made following the regular recruitment process can have their service counted for seniority. Hence, the appeal was dismissed as the appellant's initial appointment was purely adhoc and not in accordance with the rules (Paras 1-4).
Issue of Consideration
Whether the seniority of the appellant as Assistant Engineer should be counted from the date of adhoc appointment.
Final Decision
The Supreme Court dismissed the appeal, ruling that the appellant's seniority could not be counted from the date of his adhoc appointment as it was not made in accordance with the rules for regular appointments.
Law Points
- Senior appointment
- Adhoc service
- Regularization
- Seniority calculation
- Recruitment procedure
