BALESHWAR DASS & ORS. ETC versus STATE OF U. P. & ORS. ETC.

BALESHWAR DASS & ORS. ETC versus STATE OF U. P. & ORS. ETC.

Appointment in a substantive capacity for purposes of seniority does not require appointment to a permanent post. If a temporary Assistant Engineer fulfills all requirements (including completion of probation and Public Service Commission approval), he is to be regarded as appointed in a substantive capacity for seniority. Officiating service should be counted for seniority if regular and not ad hoc, provided the statutory requirements are met. The seniority list should be based on the date of appointment in a substantive capacity, and the difference between permanent and temporary posts is less relevant where the rules regard even temporary appointees as part of the service.

Parties
Appellant/petitioner: Baleshwar Dass & Ors.; Respondent: State of U. P. & Ors.
Jurisdiction
India
Judgment Date
19 August 1980
Procedural Posture
Civil Appeal & Writ Petition / Appeal From High Court Judgment and Writ Petitions Under Article 32
Outcome
Appeals partly allowed; petitions dismissed.
Legal Topics
Seniority Determination, Service Matters, Temporary Versus Permanent Appointment, Appointment in Substantive Capacity
Service Law Seniority Determination Service Matters Temporary Versus Permanent Appointment Appointment in Substantive Capacity

Case Brief

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Parties

Baleshwar Dass & Ors.

Appellant/petitioner

State of U. P. & Ors.

Respondent

Procedural Posture

Civil Appeal & Writ Petition / Appeal From High Court Judgment and Writ Petitions Under Article 32

Legal Issues

  1. 1 Whether officiating/temporary service of Assistant Engineers could count for seniority in the service
  2. 2 Meaning of 'substantive capacity' under Rules governing service appointments
  3. 3 Whether appointment to a substantive capacity must be to a permanent post or can be temporary

Ratio Decidendi

Appointment in a substantive capacity for purposes of seniority does not require appointment to a permanent post. If a temporary Assistant Engineer fulfills all requirements (including completion of probation and Public Service Commission approval), he is to be regarded as appointed in a substantive capacity for seniority. Officiating service should be counted for seniority if regular and not ad hoc, provided the statutory requirements are met. The seniority list should be based on the date of appointment in a substantive capacity, and the difference between permanent and temporary posts is less relevant where the rules regard even temporary appointees as part of the service.

Court Disposition

Appeals partly allowed; petitions dismissed.

Orders

  • Seniority list prepared by the State quashed; fresh seniority list to be prepared in light of the principles laid down.
  • Parties to be heard by the Government before preparing the new list; principles recorded in the judgment to govern.