| Content Provider | Supreme Court of India |
|---|---|
| e-ISSN | 30484839 |
| Language | English |
| Access Restriction | NDLI |
| Subject Keyword | service law |
| Content Type | Text |
| Resource Type | Law Judgement |
| Jurisdiction | India |
| Case Type | Appeal |
| Court | Supreme Court of India |
| Disposal Nature | Appeal Allowed |
| Headnote | Service Law-Seniority-Fixation of-Appointment on ad hoc basis-Subsequent regularisation of appointment- Seniority to be reckoned from the date of regular appointment- Period of ad hoc service rendered not to be counted. The respondent was temporarily appointed as Professor (Junior Scale) in the Department of Irrigation and Hydraulics, Punjab. Subsequently, he was selected as Professor (Junior Scale) on regular basis in the Civil Engineering Department of the Punjab Engineering College. In view of the fact that the post of Professor (Junior Scale) was not vacant in the Civil Engineering Department, he was adjusted on ad hoc basis against the vacant post of Professor (P.G. Course) in the Department of Irrigation and Hydraulics in his own grade from 28.6.1969 to 14.2.1971 and thereafter from 15.2.1971 to 29.9.1973 against the post of Professor (Senior Scale) in the Civil Engineering Department. From 29.9.1973 he was selected as Professor (Senior Scale) on regular basis. The respondent was not paid his pay and allowances for the period for which he worked against the post of Professor (P.G. Course) or (Senior Scale) on ad hoc basis from 28.6.1969 to 29.9.1973. He filed an application before the Central Administrative Tribunal Chandigarh claiming pay and allowances for the aforesaid period which was allowed. In accordance with the judgment of the Tribunal he was sanctioned pay and allowances but the period for which he worked on ad hoc basis was not reckoned for the purposes of seniority. He filed an application before the Tribunal claiming seniority on the post of Professor (Senior Scale) counting the entire period of his continuous ad hoc appointment from 28.6.1969 to 29.9.1973. The Tribunal held that the respondent was given ad hoc appointment on the post of Professor (Senior Scale) from 1969 to 1973 after consultation with the Union Public Service Commission and as such he was entitled to claim his seniority from 28.6.1969. Against the order of the Tribunal an appeal was filed in this Court. |
| Judge | Hon'ble Mr. Justice N.M. Kasliwal |
| Neutral Citation | 1992 INSC 103 |
| Petitioner | Union Of India Through Chandigarh Administration (u.t.) Chandigarh And Anr. |
| Respondent | S.k. Sharma, Professor Of Civil Engineering Punjab Engineering College, Chandigarh |
| SCR | [1992] 2 S.C.R. 459 |
| Judgement Date | 1992-04-03 |
| Case Number | 3082 |
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