Supreme Court of India
STATE OF GUJARATversusC.G. RAIYANI
- Citation
- 1994 INSC 529
- Decided
- 21 November 1994
- Disposal
- Appeal(s) allowed
Holding
Adhoc service rendered before regularisation does not count for seniority; seniority is to be fixed only from the date of regular appointment as per the selection board.
Summary
The respondent was initially appointed as a Junior Engineer on an adhoc basis in May 1969 and later selected for regular appointment by the Panchayat Services Selection Board, with regularisation intended to be effective from July 15, 1972. After a provisional promotion in 1978, a common seniority list placed him at a higher rank, but a subsequent inter‑service seniority determination in 1981 relegated him to a lower seniority position, leading to his demotion in 1982. The respondent challenged the demotion, and the lower courts fixed his seniority from the date of his adhoc appointment, a decision upheld by the High Court. On appeal, the Supreme Court examined Clause V of the government's order, which stipulated that seniority should be calculated from the date of regular appointment, ignoring any prior adhoc service. The Court held that the adhoc period could not be counted for seniority, and that the lower courts had erred in fixing seniority from the adhoc appointment date. Consequently, the appeal was allowed and the judgments of the lower courts were set aside.
Issues considered
- Whether service rendered under an adhoc appointment should be counted for seniority when the employee is later regularised.
- Whether the lower courts erred in fixing the respondent's seniority from the date of his adhoc appointment.
- Interpretation of the government's Clause V regarding the calculation of inter‑service seniority.
Subjects
seniorityadhoc appointmentregularisationservice lawinter‑service seniorityPanchayat servicesdemotionpromotion
Judgment
A STATE OF GUJARAT
v.
C.G. RAIY ANI
NOVEMBER 21, 1994
B [K.RAMASWAMYANDN. VENKATACHALA,JJ.]
SERVICE LAW:
Seniority-Panchayat Services-Junior Engineer-Ad-hoc ap-
pointment-Subsequent regular appointment by Selection Board-Inter-se
c Seniority-Determination of - Held : Adhoc Service not to be counted-
Only regular service to be counted for purpose of seniority.
The respondent was appointed as Junior Engineer on Adhoc basis
in 1969. Thereafter Panchayat Services Selection Board was constituted
and it recommended candidates for regular appointment, the
D respondent being one among them. As per the provisional Seniority
List, respondent was promoted as Deputy Executive Engineer in 1978.
Thereafter a common seniority list was prepared of the employees
belonging to the State Service as well as Panchayat Departments. In
that list respondent's name figured at SI.No. 69. After issuing show
cause notice and considering the objections, the Government
E
determined the inter-se seniority in 1971. The respondent's seniority
was shown at SI.No. 109. He was reverted as Junior Engineer in 1982.
Respondent challenged the demotion by filing a suit, which was decreed
and confirmed on appeal. Since the second appeal was also dismissed
by the High Court, the State Government preferred the present appeal.
F
Allowing the appeal, this Court
HELD:- 1.1. The Civil Courts as well as the High Court have
committed grievous error of law in fixing the seniority of the
respondent from the initial date of fortuitous appointment namely, the
G adhoc appointment made on May 20th, 1969. (618 E & F)
1.2. The appointment of the respondent on May 20th, 1969 was
made on Adhoc basis without following any acceptable process of selec-
tion. He had also applied for and was selected for regular appointment
by the Panchayat Services Selection Board and the regularisation was
H sought to be made with effect from the date of the selection, namely,
614
STATE OF GUJ. v. C.G. RAIYANI 615
July 15, 1972. Hence, the adhoc service rendered by the respondent A
between May 20, 1969 to July 14, 1972 was not taken into account, in
that his seniority had been counted only from the date of the selection,
namely, July 15, 1972. Admittedly, that date has been given to the
respondent as well as those who were temporarily appointed and were
selected. Thereby, the respondent's seniority should be counted only
from the date. (616 D-E) B
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 89218 of
1994.
From the Judgment and Order dated 2.9.1993 of the Gujarat High
Court in S.A.No. 81of1986. C
P.S. Poti, R. Karanjawala, Ms. Karanjawala, Ms. Nandini Gore and Ms.
Vidula for the Appellant.
R.N. Keshwani for the Respondent.
D
The following Order of the Court was delivered:
Delay Condoned.
Leave granted.
The admitted facts are that the respondent was appointed on adhoc E
basis on May 20, 1969 as a Junior Engineer Junagadh, District Panchayat.
There after the Panchayat Services Selection Board was constituted to
recruit the candidates for regular appointment. The Board selected and
recommended the candidates for regular appointment among whom the
respondent was one of the selected candidates. As per the provisional F
seniority list, the respondent was considered for temporary promotion to the
post of Deputy Executive Engineer and was appointed on March 6, 1978.
Thereafter it would appear that the service of the person working in the
Panchayats has been provisionalised and the common seniority list was
prepared of the employees belonging to the State Service as well as the
Panchayat Departments. Therein the respondent's name had figured at G
Serial No. 69. After issuing show cause notice to all the persons and enter
considering their objections, the Government in their proceedings dt.
November 10, 1981, Annexure-47, determined the inter-se seniority.
Therein the respondent's seniority was shown at Serial No. 109. After
finalization of the inter-se seniority, he was reverted as Junior Engineer on
January 4, 1982. The respondent challenged the demotion by filing a suit. H
616 SUPREME COURT REPORTS [1994] SUPP. 5 S.C.R
A The suit was decreed and on appeal, it was confirmed. $.A.No. 81/86 dt.
September 2, 1983 was dismissed. Thus this appeal by special leave.
While regularizing the service by order dated November 11, 1981,
clause V thereof provided the criteria for fixation of the inter-se seniority as
under:-
B
"The length of continuous service in respect of both the
services viz., State and Panchayat has been determined with
reference to the continuous date of joining service on
temporary establishment after regular appointment ignoring
the earlier service rendered by them or work charged or
c temporary establishment prior to the selection/regular
appointment."
On the basis of this principle, the inter-se seniority has been
determined. Admittedly, the appointment of the respondent on May 20,
1969 was made on adhoc basis without followmg any acceptable process of
D selection. He had also applied for and was selected for regular appointment
by the Panchayat Services Selection Board and the regularisation was
sought to be made with effect from the date 0f the selection, namely,July
15, 1972. Hence, the adhoc service rendered by the respondent between
May 20, 1969 of July 14, 1972 was not taken into account, in that his
seniority had been counted only from the date of the selection, namely, July
E: 15, 1972. Admittedly, that date has been given to the respondent as well as
those that were temporarily appointed and were selected. Thereby, the
respondent's seniority should be counted only from that date. The Civil
Courts as well as the High Court have committed grievous· error of law in
fixing the seniority of the respondent from the initial date of fortuitous
appointment namely, the adhoc appointment made on May 20, 1969. The
F appeal is accordingly allowed. Judgments and decrees of Courts below are
set aside. No costs.
G.N. Appeal allowed.
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