An ad hoc employee appointed in violation of rules cannot claim seniority from date of ad hoc appointment; SC.

Supreme Court of India

Justice L Nageswara Rao and Justice Deepak Gupta

The SC {Vinod Giri Goswami & Ors. v. The State of Uttarakhand & Ors.} holds that appointment of the promotees in the year 2004 is on ad hoc basis for a period of one year without following the procedure prescribed under the Uttaranchal Promotion by Selection in consultation with Public Service Commission (Procedure) Rules, 2003. It was held that as the promotions in 2004 were made in clear violation of the Rules, the promotees are not entitled to claim seniority from the dates of initial appointments as Deputy Collectors.  

The present case relates to the inter se seniority dispute between the direct recruits and the promotee Deputy Collectors in the State of Uttarakhand. The High Court treated the ad hoc appointments of the promotees to be only procedurally defective to give them the benefit of the ad hoc service. The said view/ judgment was set aside by the SC.