A.G. SAINATH REDDY versus THE GOVT. OF A.P. AND ORS.

A.G. SAINATH REDDY versus THE GOVT. OF A.P. AND ORS.

Appointment of departmental candidates on ad hoc basis to posts earmarked for direct recruitment does not confer probation, regularisation or seniority; only substantive appointments as per rules can be basis for such claims. Probation starts from actual date of joining on regular appointment, not from ad hoc service.

Parties
Appellant: A.G. Sainath Reddy; Respondents: The Govt. of A.P. and Others
Jurisdiction
India
Judgment Date
28 February 2003
Procedural Posture
Civil Appeal / Appeal From Andhra Pradesh Administrative Tribunal Order Dated 30.12.1994 in O.a. Nos. 41070 74 of 1991
Outcome
Appeals dismissed
Legal Topics
Seniority, Probation, Regularisation, Ad Hoc Appointments, Direct Recruitment, Promotions
Service Law Seniority Probation Regularisation Ad Hoc Appointments Direct Recruitment Promotions

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Parties

A.G. Sainath Reddy

Appellant

The Govt. of A.P. and Others

Respondents

Procedural Posture

Civil Appeal / Appeal From Andhra Pradesh Administrative Tribunal Order Dated 30.12.1994 in O.a. Nos. 41070 74 of 1991

Legal Issues

  1. 1 Whether service of departmental promotees appointed on ad hoc basis as Deputy Superintendent of Jails can be regularised and seniority counted from date of their ad hoc appointment.
  2. 2 Whether ad hoc appointees acquire right of probation or seniority over direct recruits under Andhra Pradesh Deputy Superintendents of Jails Service Rules, 1974.

Ratio Decidendi

Appointment of departmental candidates on ad hoc basis to posts earmarked for direct recruitment does not confer probation, regularisation or seniority; only substantive appointments as per rules can be basis for such claims. Probation starts from actual date of joining on regular appointment, not from ad hoc service.

Court Disposition

Appeals dismissed

Orders

  • Original applications before Tribunal allowed; no retrospective regularisation or deemed probation for ad hoc promotees; costs made easy.