MALOOK SINGH AND OTHERS versus STATE OF PUNJAB AND OTHERS

MALOOK SINGH AND OTHERS versus STATE OF PUNJAB AND OTHERS

Where initial appointment was ad hoc and effected as a stop-gap and not in accordance with the rules, the period of ad hoc service cannot be counted for the purpose of determining seniority; moreover, the earlier High Court judgment in Malook Singh binds only the parties to that proceeding and does not bind persons who were not parties; seniority in the present case is to be reckoned in accordance with the regularization policy (seniority dating from date of regularization).

Parties
Appellants: Malook Singh and Others; Respondents: State of Punjab and Others
Jurisdiction
India
Judgment Date
28 September 2021
Procedural Posture
Civil Appeal / Appeal From Division Bench Judgment of the High Court (special Leave Petition to This Court)
Outcome
Appeals disposed of; Division Bench judgment affirmed
Legal Topics
Determination of Seniority, Regularization of Ad Hoc Service, Res Judicata Versus Law of Precedent, Pensionary Benefits
Service Law Constitutional Law Administrative Law Determination of Seniority Regularization of Ad Hoc Service Res Judicata Versus Law of Precedent Pensionary Benefits

Case Brief

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Parties

Malook Singh and Others

Appellants

State of Punjab and Others

Respondents

Procedural Posture

Civil Appeal / Appeal From Division Bench Judgment of the High Court (special Leave Petition to This Court)

Legal Issues

  1. 1 Whether period of ad hoc service can be counted for determining seniority where initial appointment was ad hoc/stop-gap and not in accordance with rules
  2. 2 Whether the earlier High Court judgment (Malook Singh) binds persons who were not parties to that proceeding
  3. 3 Relief/moulding of remedy including protection of pensionary benefits and recovery issues

Ratio Decidendi

Where initial appointment was ad hoc and effected as a stop-gap and not in accordance with the rules, the period of ad hoc service cannot be counted for the purpose of determining seniority; moreover, the earlier High Court judgment in Malook Singh binds only the parties to that proceeding and does not bind persons who were not parties; seniority in the present case is to be reckoned in accordance with the regularization policy (seniority dating from date of regularization).

Court Disposition

Appeals disposed of; Division Bench judgment affirmed

Orders

  • Pensionary benefits being disbursed to the appellants shall not be disturbed
  • Pensionary payments being disbursed to the respondents shall be paid in accordance with law