EXCISE COMMISSIONER, KARNATAKA AND ANR. versus V. SREEKANTA

EXCISE COMMISSIONER, KARNATAKA AND ANR. versus V. SREEKANTA

The respondent's 1968 appointment was an ad hoc local appointment pursuant to government sanction and Employment Exchange sponsorship and was not in accordance with recruitment rules; regularisation under the Special Rules of 1970 took effect from 26.10.1971, and seniority is to be reckoned only from that date, not...

Source-derived case information.

Parties
Appellant: Excise Commissioner, Karnataka and Anr.; Respondent: V. Sreekanta
Jurisdiction
India
Judgment Date
05 March 1993
Procedural Posture
Civil Appeal No. 1220 of 1993 / Final Judgment on Appeal to the Supreme Court (appeal Allowed)
Outcome
Appeal allowed
Legal Topics
Seniority, Regularisation of Service, Direct Recruitment, Local Candidate, Ad Hoc/temporary Appointment
Service Law Administrative Law Constitutional Law Seniority Regularisation of Service Direct Recruitment Local Candidate Ad Hoc/temporary Appointment

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 6 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Excise Commissioner, Karnataka and Anr.

Appellant

V. Sreekanta

Respondent

Procedural Posture

Civil Appeal No. 1220 of 1993 / Final Judgment on Appeal to the Supreme Court (appeal Allowed)

Legal Issues

  1. 1 Whether service rendered on an ad hoc appointment as a local candidate counts for seniority or seniority must be reckoned only from the date of regularisation under the Mysore/Karnataka State Civil Services (Direct Recruitment to Class III posts) (Special) Rules, 1970
  2. 2 Whether appointments made through Employment Exchange under specific government sanction in 1968 constituted ad hoc appointments not in accordance with recruitment rules and therefore not eligible to be counted for seniority prior to regularisation

Ratio Decidendi

The respondent's 1968 appointment was an ad hoc local appointment pursuant to government sanction and Employment Exchange sponsorship and was not in accordance with recruitment rules; regularisation under the Special Rules of 1970 took effect from 26.10.1971, and seniority is to be reckoned only from that date, not from the initial ad hoc appointment.

Court Disposition

Appeal allowed

Orders

  • Division Bench judgment dated 13.6.1990 set aside
  • Learned Single Judge's judgment dated 8.8.1986 dismissing the writ petition is affirmed