RASHI MANI MISHRA AND OTHERS versus STATE OF UTTAR PRADESH AND OTHERS

RASHI MANI MISHRA AND OTHERS versus STATE OF UTTAR PRADESH AND OTHERS

The services rendered by ad hoc appointees prior to their regularisation under the 1979 Regularisation Rules are not to be counted for the purpose of seniority; substantive appointment occurs on regularisation following selection under the 1979 Rules and seniority is to be counted only from that date (in the present matters from 14.12.1989). The High Court decisions and the 2016 re-determination counting ad hoc service from initial appointment are quashed and the final seniority list dated 14.12.2001 is restored.

Parties
Appellants: Rashi Mani Mishra and Others; Respondents: State of Uttar Pradesh and Others; Respondents: State of Uttarakhand and Others; Respondents: Contesting respondents (ad hoc appointees)
Jurisdiction
India
Judgment Date
28 July 2021
Procedural Posture
Civil Appeal / On Appeal From High Court Judgments
Outcome
Appeals allowed
Legal Topics
Seniority Determination, Regularisation of Ad Hoc Appointments, Counting of Ad Hoc Service for Seniority, Interpretation of Service Rules
Service Law Administrative Law Employment Law Seniority Determination Regularisation of Ad Hoc Appointments Counting of Ad Hoc Service for Seniority Interpretation of Service Rules

Case Brief

Summary, issues, holding and outcome

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Parties

Rashi Mani Mishra and Others

Appellants

State of Uttar Pradesh and Others

Respondents

State of Uttarakhand and Others

Respondents

Contesting respondents (ad hoc appointees)

Respondents

Procedural Posture

Civil Appeal / On Appeal From High Court Judgments

Legal Issues

  1. 1 Whether services rendered by ad hoc appointees prior to their regularisation are to be counted for purpose of seniority or seniority is to be counted only from date of regularisation
  2. 2 Interpretation and interplay of Uttar Pradesh Regularisation of Ad hoc Appointments Rules, 1979 (as extended), Uttar Pradesh Government Servants' Seniority Rules, 1991 and Uttar Pradesh Rural Engineering (Group 'B') Service Rules, 1993
  3. 3 Whether the decision in Secretary, Minor Irrigation Department v. Narendra Kumar Tripathi (2015) 11 SCC 8 was correctly followed or is per incuriam

Ratio Decidendi

The services rendered by ad hoc appointees prior to their regularisation under the 1979 Regularisation Rules are not to be counted for the purpose of seniority; substantive appointment occurs on regularisation following selection under the 1979 Rules and seniority is to be counted only from that date (in the present matters from 14.12.1989). The High Court decisions and the 2016 re-determination counting ad hoc service from initial appointment are quashed and the final seniority list dated 14.12.2001 is restored.

Court Disposition

Appeals allowed

Orders

  • Impugned judgments and orders of the High Courts (dated 19.09.2016 and 13.03.2018 of Allahabad High Court and 03.07.2018 and 30.08.2018 of Uttarakhand High Court) are quashed and set aside
  • The re-determination of seniority and revised seniority list dated 22.03.2016 counting ad hoc service prior to 14.12.1989 is quashed and set aside