D.N. AGRAWAL AND ANR. versus STATE OF MADHYA PRADESH AND ORS.

D.N. AGRAWAL AND ANR. versus STATE OF MADHYA PRADESH AND ORS.

Ad hoc appointments made under the proviso to Rule 19(1) for administrative exigency do not confer seniority from the date of such appointment; seniority accrues only from the date of regular appointment post-selection by the D.P.C. and Public Service Commission approval.

Source-derived case information.

Parties
Appellant: D.N. Agrawal; Respondent: State of Madhya Pradesh; Appellant: Aman Lekhi; Appellant: M.K. Garg; Appellant: Lokesh Kumar; Respondent: Sakesh Kumar; Respondent: Uma Nath Singh; Respondent: Satish K. Agnihotri; Respondent: Ashok Singh
Jurisdiction
India
Judgment Date
23 March 1990
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeal dismissed
Legal Topics
Seniority, Ad Hoc Appointment, Promotion, Administrative Exigency
Service Law Seniority Ad Hoc Appointment Promotion Administrative Exigency

Source-derived case record

Summary, issues, holding and outcome

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Parties

D.N. Agrawal

Appellant

State of Madhya Pradesh

Respondent

Aman Lekhi

Appellant

M.K. Garg

Appellant

Lokesh Kumar

Appellant

Sakesh Kumar

Respondent

Uma Nath Singh

Respondent

Satish K. Agnihotri

Respondent

Ashok Singh

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether ad hoc service as Assistant Engineer entitles claim to seniority from the date of initial appointment instead of regular appointment?
  2. 2 Whether weightage given to Overseers for determining seniority as Assistant Engineers is legal?

Ratio Decidendi

Ad hoc appointments made under the proviso to Rule 19(1) for administrative exigency do not confer seniority from the date of such appointment; seniority accrues only from the date of regular appointment post-selection by the D.P.C. and Public Service Commission approval.

Court Disposition

Appeal dismissed

Orders

  • Decision of the High Court confirmed
  • No order as to costs