Case Note & Summary
The dispute arose regarding the seniority of certain Sub-Assistant Engineers who were appointed as temporary Assistant Engineers on an ad hoc basis in the Public Works Department and the Irrigation and Waterways Department of West Bengal. The respondents claimed seniority based on their initial ad hoc appointments rather than as promotees from the Sub-Assistant Engineer cadre. Their ad hoc appointments were made for fixed periods and were extended until regularization on February 26, 1980, without compliance with the requirement to appear before the Public Service Commission. The State Government's decision to regularize these appointments was challenged, leading to writ petitions in the Calcutta High Court. The Single Judge dismissed the petitions, but the Division Bench allowed the appeals, granting seniority from the date of initial ad hoc appointments. The State of West Bengal and adversely affected direct recruits appealed to the Supreme Court, arguing that the claim for retrospective seniority was untenable as the initial appointments were not made according to the rules. The Supreme Court analyzed the relevant provisions of the West Bengal Engineering Services Rules, 1959, and the principles established in previous judgments, particularly the Maharashtra Engineers case. The court concluded that the ad hoc appointments were irregular and could not be equated with regular appointments. It held that the period of ad hoc service prior to regularization could not be counted for seniority, affirming the need for compliance with the rules for seniority to be recognized. The court ultimately allowed the appeals, reversing the Division Bench's decision and upholding the State's position regarding seniority (Paras 921-937).
Headnote
A) Administrative Law - Seniority - Ad Hoc Appointments - Seniority cannot be claimed retrospectively from the date of initial ad hoc appointment - West Bengal Engineering Services Rules, 1959, Rules 9, 10 - The court held that ad hoc appointments made without following the prescribed rules cannot be counted for seniority, and regularization from a later date does not confer retrospective seniority (Paras 921-937).
Issue of Consideration
Whether the period of ad hoc appointment can be counted for seniority of Assistant Engineers appointed temporarily.
Final Decision
The Supreme Court allowed the appeals, holding that the period of ad hoc service prior to regularization on February 26, 1980, cannot be counted for seniority, affirming the State's position and reversing the Division Bench's decision (Paras 921-937).
Law Points
- seniority
- ad hoc appointment
- regularization
- service rules
- direct recruitment
