मंगलवार, 13 अक्तूबर 2009

70. Ad-hoc period - whether to be included in length of service

In a bunch of appeals, in State of Rajasthan v. Jagdish Narain Chaturvedi (civil appeal no 3620/2009 ) decided on 08/05/2009, the apex court has held that

“in order to become "a member of service" candidate must satisfy four conditions, namely (i) the appointment must be in a substantive capacity; (ii) to a post in the service i.e. in a substantive vacancy; (iii) made according to rules; (iv) within the quota prescribed for the source."

The court further held that

Ad-hoc appointment is always to a post but not to the cadre/service and is also not made in accordance with the provisions contained in the recruitment rules for regular appointment.--- the position in law as stated

in State of Punjab v. Ishar Singh (2002 (10) SCC 674) and State of Punjab v. Gurdeep Kumar ( 2003 (11) SCC 732) clearly lay down that while reckoning

the required length of service the period of ad hoc service has to be excluded.”

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