J.S. CHHABRA ETC. versus STATE OF M.P. AND ORS. ETC.

J.S. CHHABRA ETC. versus STATE OF M.P. AND ORS. ETC.

Government's action in regularising ad hoc CMOs (Lecturer Grade) as Lecturers was lawful; seniority must only be granted from the date of regularisation (4.4.1987), not from the date of earlier officiation. Direction by the Tribunal to count seniority from date of continuous officiation was contrary to statutory rules.

Parties
Appellant: J.S. Chhabra; Respondent: State of Madhya Pradesh; Respondent: Dr. Tiwari
Jurisdiction
India
Judgment Date
28 November 1996
Procedural Posture
Civil Appeal / Supreme Court Decision
Outcome
State's appeal allowed; Dr. Chhabra's appeal against order in TA No. 75 of 1991 dismissed; Dr. Chhabra's appeal against order in TA No. 91/1991 partly allowed.
Legal Topics
Regularisation of Ad Hoc Appointment, Seniority Determination, Recruitment Rules Contravention
Service Law Regularisation of Ad Hoc Appointment Seniority Determination Recruitment Rules Contravention

Case Brief

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Parties

J.S. Chhabra

Appellant

State of Madhya Pradesh

Respondent

Dr. Tiwari

Respondent

Procedural Posture

Civil Appeal / Supreme Court Decision

Legal Issues

  1. 1 Whether regularisation of ad hoc CMOs (Lecturer Grade) as Lecturers contravenes recruitment rules
  2. 2 What is the proper date for determining seniority after regularisation

Ratio Decidendi

Government's action in regularising ad hoc CMOs (Lecturer Grade) as Lecturers was lawful; seniority must only be granted from the date of regularisation (4.4.1987), not from the date of earlier officiation. Direction by the Tribunal to count seniority from date of continuous officiation was contrary to statutory rules.

Court Disposition

State's appeal allowed; Dr. Chhabra's appeal against order in TA No. 75 of 1991 dismissed; Dr. Chhabra's appeal against order in TA No. 91/1991 partly allowed.

Orders

  • Seniority given only from 4.4.1987, the date of regularisation; Tribunal's direction to grant seniority from date of continuous officiation is quashed; no order as to cost