NDLI: Ashok Gulati & Ors. Vs. B.s. Jain & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Temporary Service on ad hoc basis-and dehors the rules
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Constitution of India
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Jurisdiction of High Court under Article 226 of the Constitution- When the impugned order itself is for a temporary period of six months and subject to the rights of others, propriety of the issuance of Rule Nisi and making it absolute after years, at the instance of an aggrieved party. Temporary Service on ad hoc basis-and dehors the rules, counting of - Whether such service rendered by the Asst. Engineers would count for the purpose of seniority in the cadre of Asst. Engineers and also for the purposes of promotion to Class I Executive Engineers-Haryana Service of Engineers Class II Public Works Department (Irrigation Branch) Rules, 1964 and Haryana Service -of Engineers Class I Public Works Department (Irrigation Branch) Rules, 1964 as amended in 1975 Rules 2(5), 6(b), 15 and 22, scope of.Words and Phrases-Meaning of "Prescribed" in Rule 15 whether there was relaxation of rule-If so, whether such a relaxation is discriminatory and violative of Articles 14 and 16 of the Constitution. Haryana Service of Engineers, Class II, Public Works Department (Irrigation Branch) Rules relating to recruitment etc. of Asst. Engineers and Haryana Service of Engineers Class I, Public Works Department (Irrigation Branch) relating to Executive Engineers came into force in 1970 and 1964 respectively. Respondent No. 2, B.L. Gupta and Respondents Nos. B.S. Jain were appointed as temporary engineers (ad-hoc) with effect from 19.5.1969 and 2.1.1971 respectively, the former sponsored by the Employment Exchange and the latter with reference to an advertisement in the newspapers. Their appointments were de hors the said Class II Rules to meet the exigencies of service. In the letters of appointment issued to them it was specified (i) that their appointment was purely on an ad-hoc basis for a period of six months from the date of their joining the post on a fixed salary of Rs.400 plus allowances and their services were terminable without notice; (ii) that the appointment would not entitle them to any seniority or other benefit under the service rules for the time being in force and would also not count towards increment in their salary; (iii) that the posts of Temporary Engineers in Class II service would be advertised in the course by the Haryana Public Service Commission and they should apply for such posts through the Commission, and that if they were not selected by the Commission, their services would be liable to be terminated without notice; and (iv) that their inter-se seniority among the Temporary Engineers would be in the order of merit in the list of candidates as settled by the Commission. The services of respondents Nos. 1 and 2 were however continued by the State Government from time to time, six months at a time till the Secretary, Haryana Public Service Commission by his letter dated July 8, 1973 addressed to the Commissioner and Secretary to the State Government of Haryana, Public Works Department (Irrigation Branch) conveyed the approval of the Commission to the ad-hoc appointment of 251 Temporary Engineers beyond the period of six months till regular appointments were made to the posts through the Commission. Accordingly both these respondents continued to hold the posts of Temporary Engineers on ad-hoc basis till the end of the year 1974 i.e. till they were recruited as Asst. Engineers through the Public Service Commission on April 21, 1975 on regular basis. In the letter of appointment issued by the Commissioner and Secretary to Government of Haryana (Irrigation & Power Department) dated January 13, 1975 it was specified again that inter-se seniority of Asst. Engineers would be determined on the basis of the combined merit list prepared by the Public Service Commission. In the combined merit list prepared by the Commission, respondents Nos. 1 and 2 were placed very much below the appellants and respondents Nos. 5-24 being at serial Nos. 148 and 150 respectively.The State Government of Haryana by order dated December 20, 1978 promoted 62 Asst. Engineers including the appellants and respondent Nos. 5-24 as Executive Engineers on a purely ad-hoc basis for a period of six months subject to certain terms and 'conditions, namely; (i) the promotions were subject to the approval of the Public Service Commission as also to the claims of other officers; (ii) such promotions were not to give any right to the officers for being appointed on a substantive basis as Executive Engineers; and (iii) such of the officers as had not passed the departmental professional and revenue examinations were required to pass such examination within a period of one year or otherwise they were liable to be reverted to their original post. These ad-hoc promotions of the appellants and respondents Nos. 5-24 were made in relaxation of the provisions contained in rr. 6(b) and 15 of the Haryana Service of Engineers, Class I Public Works Department (Irrigation Branch) Rules, 1964. Presumably, the State Government excluded from consideration the case of respondents Nos. 1 and 2 for promotion because in the combined seniority list they ranked below the appellants and respondents Nos. 5-24 being placed at serial Nos. 148 and 150 respectively. The said ad-hoc promotions to Class I posts were assailed by respondents 1 and 2 by a petition under Article 226. A learned Single Judge by his judgment dated 8.10.1980 quashed the impugned order of the State Government making the said ad hoc promotions and directed the State Government to reach a decision afresh as regards the ad hoc promotions with advertence to the observations made by him. Thereupon, the appellants preferred an appeal under clause 10 of the Letters Patent but the appeal was dismissed in limine by the Division Bench, by its order dated 6, 11.1980. The appellants contention that the appointment of respondents Nos. 1 and 2 as Temporary Engineers on an ad-hoc basis was contrary to para 8.312 of the Manual of Administration and therefore the period during which they worked as Temporary Engineers (ad-hoc) could not be taken into consideration, was repelled by the Bench on the ground that no such point was taken before the learned Single Judge. Hence the appeal by special leave.
Judge	Hon'ble Mr. Justice A.P. Sen
Neutral Citation	1986 INSC 271
Petitioner	Ashok Gulati & Ors.
Respondent	B.s. Jain & Ors.
SCR	[1987] 1 S.C.R. 603
Judgement Date	1986-12-17
Case Number	149

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