ASHOK GULATI & ORS. versus B.S. JAIN & ORS.

ASHOK GULATI & ORS. versus B.S. JAIN & ORS.

Temporary service rendered on ad-hoc basis de hors the rules, as in the case of respondents 1 and 2, does not count for seniority or eligibility for promotion under the Haryana Service of Engineers rules. The High Court should not have exercised Article 226 jurisdiction to interfere with a temporary, ad-hoc order subject to rights of others. Promotion and seniority must be reckoned only from regular appointment as Assistant Engineer.

Parties
Appellant: Ashok Gulati & Ors.; Respondent: B.S. Jain & Ors.
Jurisdiction
India
Judgment Date
17 December 1986
Procedural Posture
Civil Appeal / Supreme Court Appellate Decision
Outcome
Appeal allowed; High Court judgment and order quashing State Government notification set aside.
Legal Topics
Seniority, Ad Hoc Appointment, Promotion, Jurisdiction of High Court Under Article 226
Service Law Constitutional Law Seniority Ad Hoc Appointment Promotion Jurisdiction of High Court Under Article 226

Case Brief

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Parties

Ashok Gulati & Ors.

Appellant

B.S. Jain & Ors.

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appellate Decision

Legal Issues

  1. 1 Whether ad-hoc service rendered by Assistant Engineers counts towards seniority and eligibility for promotion in Haryana Public Works Department
  2. 2 Whether the High Court properly exercised jurisdiction under Article 226 where the impugned order was temporary and subject to rights of others
  3. 3 Meaning and scope of 'prescribed' in Rule 15 and relaxation under Rule 22

Ratio Decidendi

Temporary service rendered on ad-hoc basis de hors the rules, as in the case of respondents 1 and 2, does not count for seniority or eligibility for promotion under the Haryana Service of Engineers rules. The High Court should not have exercised Article 226 jurisdiction to interfere with a temporary, ad-hoc order subject to rights of others. Promotion and seniority must be reckoned only from regular appointment as Assistant Engineer.

Court Disposition

Appeal allowed; High Court judgment and order quashing State Government notification set aside.

Orders

  • Ad-hoc promotions of 62 Assistant Engineers as Executive Engineers to stand and those officers to continue as such until regular promotion process is completed.
  • State Government directed to complete process of appointing by promotion within six months.