Case Note & Summary
The case involved a dispute regarding the termination of an Ayurvedic Medical Officer who had been appointed on an ad hoc basis. The respondent was appointed on October 11, 1983, but remained unauthorizedly absent for five years. Upon applying to resume duty, he was informed that his absence would be treated as a break in service. The U.P. Regularisation of Ad Hoc Appointment Rules, 1979, provided conditions for regularization, and the respondent's case was reviewed by a Selection Committee, which found him unfit for regularization. The respondent challenged his termination in the Allahabad High Court, which ruled that his appointment was fresh and thus the termination was invalid. The Supreme Court, however, found that the order allowing the respondent to resume duty was not a fresh appointment but a revival of his previous appointment, subject to the break in service. The Court referenced previous judgments to support its reasoning and concluded that the termination was valid under the Rules, dismissing the writ petition and allowing the appeal without costs.
Headnote
A) Employment Law - Ad Hoc Appointment - Nature of Resumption of Duty - U.P. Regularisation of Ad Hoc Appointment Rules, 1979, Rule 4, Rule 8 - The Court held that the order permitting the respondent to resume duty was not a fresh appointment but a revival of his previous ad hoc appointment, subject to a break in service due to unauthorized absence. The High Court's conclusion that the termination was illegal was found to be incorrect as the Committee had determined the respondent unfit for regularization under the Rules. Held that the termination was valid under Rule 8 (Paras 1-2).
Issue of Consideration
Whether the view taken by the High Court regarding the respondent's termination was correct.
Final Decision
The Supreme Court allowed the appeal, dismissed the writ petition, and upheld the termination of the respondent's service as valid under Rule 8 of the U.P. Regularisation of Ad Hoc Appointment Rules, 1979.
Law Points
- Employment law
- ad hoc appointment
- regularization
- break in service
- termination of service
