Case Note & Summary
The dispute arose between the Union of India and S.K. Sharma regarding the fixation of seniority in the Punjab Engineering College. The respondent was initially appointed as Assistant Professor in 1958, promoted to Associate Professor in 1963, and later appointed temporarily as Professor (Junior Scale) in 1969. Due to the unavailability of a regular post, he was adjusted on an ad hoc basis against different posts until his regular selection as Professor (Senior Scale) in 1973. After being denied seniority for the period of his ad hoc service, he approached the Central Administrative Tribunal, which ruled in his favor. The Union of India appealed against this decision, arguing that seniority should only be counted from the date of regular appointment. The Supreme Court analyzed the legal principles surrounding seniority and ad hoc appointments, referencing several precedents. It concluded that the respondent was not entitled to seniority from the ad hoc appointment date, as the approval for his ad hoc service did not equate to a regular appointment. The court emphasized that seniority must be reckoned from the date of regular appointment, thus allowing the appeal and setting aside the Tribunal's order without costs.
Headnote
A) Service Law - Seniority Fixation - Ad Hoc Appointment - Seniority to be counted from regular appointment date - Service rendered on ad hoc basis cannot be counted for seniority - Service Law principles dictate that seniority is determined from the date of regular appointment, not ad hoc service. The court held that the respondent's seniority should be counted from the date of regular selection, rejecting the Tribunal's order that allowed seniority from the ad hoc appointment date (Paras 463-465).
Issue of Consideration
Whether the respondent was entitled to claim seniority on the post of Professor (Senior Scale) from the date of his ad hoc appointment or only from the date of his regular selection.
Final Decision
The Supreme Court allowed the appeal, set aside the Tribunal's order, and ruled that the respondent's seniority should be counted from 29.9.1973, the date of his regular selection.
Law Points
- Seniority fixation
- Ad hoc appointment
- Regular appointment
- Service law principles
- Pay and allowances entitlement
