SODAGAR SINGH versus STATE OF PUNJAB AND ORS.

SODAGAR SINGH versus STATE OF PUNJAB AND ORS.

The High Court correctly held that petitioner, appointed as Legal Assistant on ad hoc basis, could not continue in service unless regular recruitment was made as per the Rules; Government cannot relax eligibility requirements for such appointment or promotion.

Parties
Petitioner: Sodagar Singh; Respondents: State of Punjab and Ors.; Additional Counsel: Naresh Bakshi
Jurisdiction
India
Judgment Date
24 January 1997
Procedural Posture
Special Leave Petition (civil) / Dismissal at Supreme Court
Outcome
petitions dismissed
Legal Topics
Rules Relating to Appointment and Promotion in Government Service, Ad Hoc Appointment, Regular Recruitment, Punjab Roadways (ministerial) State Service Class III Rules, 1977
Service Law Rules Relating to Appointment and Promotion in Government Service Ad Hoc Appointment Regular Recruitment Punjab Roadways (ministerial) State Service Class III Rules, 1977

Case Brief

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Parties

Sodagar Singh

Petitioner

State of Punjab and Ors.

Respondents

Naresh Bakshi

Additional Counsel

Procedural Posture

Special Leave Petition (civil) / Dismissal at Supreme Court

Legal Issues

  1. 1 Whether ad hoc appointee can continue in absence of regular recruitment
  2. 2 Interpretation of Punjab Roadways (Ministerial) State Service Class-III Rules, 1977 regarding appointment and promotion

Ratio Decidendi

The High Court correctly held that petitioner, appointed as Legal Assistant on ad hoc basis, could not continue in service unless regular recruitment was made as per the Rules; Government cannot relax eligibility requirements for such appointment or promotion.

Court Disposition

petitions dismissed

Orders

  • Petitioner will not continue in service unless regular appointment is made within three months; if not, petitioner will cease to continue after expiry of three months.