State Of Rajasthan & Ors vs Jagdish Narain Chaturvedi

2. In these cases the State of Rajasthan had questioned correctness of the judgment rendered by different benches of the Rajasthan High Court allowing the Writ Petitions filed by the respondent in each case. The basic issue was whether ad hoc appointment or appointments on daily wage or work charge basis are appointments made to the cadre/service in accordance with the provisions contained in the recruitment rules contemplated by the Government Orders dated 25.1.1992 dated 17.2.1998. It is the stand of the appellants that they are not, while the respondents contend to the contrary. The cases at hand relate to the appointments made under the Rajasthan Subordinate Offices Ministerial Staff Rules, 1957 (in short the `Ministerial Staff Rules'), the Rajasthan Engineering Subordinate Service (Irrigation Branch) Rules, 1967 (in short the `Irrigation Branch Rules'), the Work Charged Employees Services Rules, 1964 (in short Work Charged Rules), the Rajasthan Agricultural Subordinate Service Rules, 1978 (in short the `Subordinate Rules'), the Rajasthan Forest Subordinate Service Rules, 1963 (in short the `Forest 8 Subordinate Rules'), Rajasthan Panchayat Samiti and Zila Parishad Service Rules, 1959 (in short the `Panchayat Service Rules') and the Rajasthan Secretariat Ministerial Service Rules, 1970 (in short the `Ministerial Service Rules') .

18. Ad hoc appointment is always to a post but not to the cadre/service and is also not made in accordance with the provisions contained in the recruitment rules for regular appointment.

23. Appointment to the Service.-, (1) Subject to the provisions of rules 6, 6A, 6B and 6C, except in respect of the posts of Stenographers the Appointing Authority shall appoint candidates who stand highest in the order of merit in the list prepared under rule 22, provided that he is satisfied after such enquiry as may be considered necessary that such candidates are suitable in all other respects for such appointment:

who have been continuously holding such posts or higher posts 19 shall be deemed to have been appointed regularly on temporary basis provided they fulfil other conditions prescribed in the Rules. They shall be eligible to be appointed substantively as Lower Division Clerks according to the date of their temporary appointment and on occurrence of permanent vacancies and their work being found satisfactory:

(4)Notwithstanding anything contained in rule 5, all persons working as Lower Division Clerk during the period from 8.11.1975 to 31.3.1978 on ad-hoc basis and who could not appear in or pass the competitive/qualifying examination held by the Commission as yet, shall on availability of permanent vacancies, be made permanent subject to the condition that they pass a Performance. Test conducted by the Appointing Authority in accordance with the syllabus prescribed in Part-V of Schedule-II. Such persons shall be allowed three chances to pass the said test.

(5) Notwithstanding anything contained in Rule 5, all persons working as Lower Division Clerk during the period from 1.4.1978 to 31.3.1980 on ad hoc basis and who could not appear in or pass the competitive/qualifying examination held by the commission as yet, shall on availability of permanent vacancies, be made permanent subject to the condition that they pass a performance test conducted by the Head of Department concerned in accordance with the syllabus prescribed in Part IV of Schedule-II. Such persons shall be allowed three chances to pass the said test:

Provided that the Commission shall not recommend any candidate who has failed to obtain a minimum of 35% marks in each of the compulsory and optional papers in the Lower Division Clerks' Examination;

Provided further that if a person fails to pass the said examination his services shall be terminated on the expiry of 30 days from the date of receiving list of successful candidates by the Deputy Secretariat to the Government, Department of Personnel and Administrative Reforms (B-I) Department.

(7) Notwithstanding anything contained in rule 5, all persons working as Lower Division Clerks during the period from 1.4.80 to 31.12.84 on urgent temporary basis and who have not passed or appeared in the qualifying examination conducted by the Commission under sub-rule (6) of rule 23 on availability of permanent vacancy be made permanent subject to the condition that they pass a performance test conducted by the Appointing Authority within a period of three years in accordance with the provisions of the rules. Such persons shall be allowed three 22 chances to pass the said test to be availed within a period of three years;

Provided that if a person fails to pass the said test in three chances to be availed within a period of three years he shall be liable to be removed from services.

(8) Notwithstanding anything contained in rule 5 handicapped persons appointed on the post of L.D.C. during the period from 1.4.80 to 31.3.88 shall on availability of permanent vacancy be made permanent by the Appointing Authority on their work being satisfactory.

Provided that if a person fails to pass the said test in three chances to be availed within a period of three years, he shall be liable to be removed from services.

27. Appointment to the Service:- Appointment by promotion to the posts in the services, specified in the Schedule appended with these Rules, shall be made by the Appointing Authority on the occurrence of the vacancies as determined under rule 8 from amongst the persons selected under Rules 25 and 26, as the case may be.

After long lapse of time i.e. after nearly 8 years it was not open to be canvassed that the second selection scale of pay ought to be granted after the concerned employees having put in 18 years of service from the date of ad hoc appointment.

24. Above being the position the appeals and transfer petitions deserve to be allowed which we direct.

Civil Appeal /09 @ SLP (C) 25651 of 2005

26. Appeal is disposed of.