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TRANSFER OF PROPERTY

ACT, 1956

TOPIC SALE-DEFINITION, ESSENTIALS AND CONTRACT FOR SALE.

SUBMITTED TO - DR. JASNEET SUBMITTED BY SHIVAM SHARMA

K AUR ROLL NO. 150/11


UILS PANJAB UNIVERSITY

ACKNOWLEDGMENT
-UNIVERSITY INSTITUTE OF LEGAL STUDIES-

I would like to express my special thanks of gratitude to my teacher DR. JASNEET KAUR who
gave me the golden opportunity to do this wonderful project on the topic Sale- Definition its
essentials and contract for sale, which also helped me in doing a lot of Research and I came to
know about so many new things. I am really thankful to her. I would also like to thank my
parents and friends who helped me a lot in finishing this project within the limited time.

I am making this project not only for marks but to also increase my knowledge.
THANKS AGAIN TO ALL WHO HELPED ME.

CONTENTS

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1. LIST OF ABBREVIATIONS---------------------------------------------------- 4
2. TABLE OF CASES------------------------------------------------------------- 5
3. INTRODUCTION-------------------------------------------------------------- 6
4. SALE DEFINED, SALE HOW MADE---------------------------------------- 7
(A) DEFINITION OF SALE
(B) ESSENTIALS OF SALE
5. CONTRACT FOR SALE--------------------------------------------------------14
6. DIFFERENCE B/W SALE AND CONTRACT FOR SALE------------------------15
7. HIRE PURCHASE AGREEMENT AND SALE----------------------------------16
8. SALE AND EXCHANGE--------------------------------------------------------16
9. BIBLIOGRAPHY AND WEBLIOGRAPHY -------------------------------------17

LIST OF ABBREVIATIONS

AIR All India Reporter


Honble Honorable
etc et cetera

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i.e. id est (that means)


r/w read with
S. Section
LJ Law Journal
Re. Reference
US United States
No. Number
Ors. Others
Cri. Criminal
p. Page
w.e.f with effect from
PC Privy Council
FC Federal Court
SC Supreme Court
SCC Supreme Court Cases
v. Versus
Vol. Volume
Pat. Patna
& and

TABLE OF CASES

Rudra Kumar sain V. Union of India AIR 2000 SC 2808


J.&K Public Service Commission V. Narinder Mohan AIR 1994 SC 1808
J.M. Puthnparambil V. Kerala Water Authority, AIR 1990 SC 2228
Raj Kishore V. Union of India (1997)11 SCC 619

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Ramesh K. Sharma V. Rajasthan Civil Services, AIR 2001 SC 362


State of Karnataka V. Umadevi, AIR 2006 SC 1806
Rattan lal V. State of Haryana AIR 1987 SC 478
Saroj Kumar V .State of Punjab, 1998(5) SLR (P. &H.)266
Rabinarayana Mohapatra V. State of Orissa AIR 1991 SC 1286
Director, Institute of Management Development V. Pushpa Srivstava (1992)4 SCC 33
Hindustan Petroleum corporation Ltd. V. Ashok Rangbha Ambre 2008(2) SLR 321 (SC)
O.P. Gupta V. M.C. Delhi, 1973(1) SLR 209
State of Mysore V. S.V. Narayanappa 1967(1)SLR 128 (SC)
Sumati P.Shere V. Union of India AIR 1989 SC 1431
State of Haryana V. Piara Singh AIR 1992 SC 2130
Ashwani Kumar V. State of Bihar AIR 1997 SC 1628
Direct Recruit Class II Engg. Officers Association V. State of Maharashtra AIR 1990 SC
1607
Ram Paul Khajuria V. State of Jammu and Kashmir (J&K) 1999 (1) SCT 729
State of Jharkhand V. Manshu Kumbhkar, 2008 (1) SLR 1
Nasib Singh V. State of Punjab1999 (5) SLR 497 (P. & H).
K. Madalaimuthu V. State of Tamil Nadu(2006) 6 SCC 558

INTRODUCTION

Article 309 of the Constitution of India confers power on the appropriate authority to regulate the
recruitment to the public services of the Union or of any State. It enables the Executive to make
recruitment to the government services. However, this power of the Executive is subjected to the
provisions of the Constitution and the provisions of any statute enacted by the appropriate
Legislature. It has been held that the creation and abolition of a post is the prerogative of the
Executive. The Executive may exercise this power either by making rules under the proviso to
Article 309 or (in the absence of such rules) by issuing rules/instructions in the exercise of its
executive power.

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Normally, the appointments to government services are made through the prescribed agency. But
exigencies of administration may sometimes call for making of ad hoc or temporary
appointments. It has been held that the power to make ad hoc appointments may be visualized to
tide over unforeseen exigencies.1 The object behind the exercise of this power is to run smooth
administration.

MEANING OF AD HOC APPOINTMENT

Literally the term ad hoc means arranged or done for a particular purpose only. It means
something which is formed for a particular purpose. Referring to Blacks Law Dictionary, the
apex court in Rudra Kumar sain V. Union of India,2 distinguished between the terms ad hoc,
stop-gap and fortuitous, which are in frequent use in service jurisprudence. The Apex court
said:
The expression fortuitous means occurring by chance, the expression ad hoc
means something which is formed for a particular purpose and the expression stop-gap
means a temporary way of dealing with the problem or satisfying a need.

Appointments made for a particular purpose without reference to wider application or


employment would fall in the category of appointments on ad hoc basis. Such appointments must
be considered in the context of the services under the rule making control of the government. If a
very wide meaning is given to the term ad hoc, it can be said that all post requiring specialized
knowledge are ad hoc as appointments are made thereto for a particular purpose and not for any
general purpose. 3

Ad hoc appointments are generally made when there is temporary vacancy. It may also be that
the service rules may themselves provide for the making of ad hoc appointment.4

1 J.&K Public Service Commission V. Narinder Mohan AIR 1994 SC 1808

2 AIR 2000 SC 2808

3 Justice T.S Doabia, The law of Services and dismissals,4 th edition, vol1, Nagpur, pg-756

4 Ibid at pg- 755

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The court further elucidated that if an appointment was made to meet the contingency arising on
account of delay in completing the process of regular recruitment to the post due to any reason
and it was not possible to leave the post vacant till then, and to meet that contingency an
appointment was made, then it could appropriately be called as a stop-gap arrangement and
appointment in the post as ad hoc appointment. The court further said that it was not possible
to neither lay down any straight jacket formula nor give an exhaustive list of circumstances and
situations, in which an ad hoc appointment could be made.5

Appointment of typist in Railways made, without the process of selection, by relaxing the rules,
would be ad hoc. The period of such appointment, where the same was continuous and was
followed by selection through Public Service Commission would count towards seniority.6

But merely because there was no relevant service rules for recruitment to the post, it cannot be
assumed that such appointment has been made without any selection and, as such appointment
would attract the expression ad hoc. The question, as to whether an appointment is ad hoc,
has to be answered on the basis of relevant factors, namely, the nature of the post, the nature of
test or selection held for the filling up the post, the period of duration with which incumbent
availed the post and all other relevant materials.7

ADHOCISM- ARBITRARY AND DISCRIMINATORY8

Ad hoc appointments, a convenient way of entry, usually from back door, at times even in
disregard of rules and regulations, are comparatively recent innovations to the service
jurisprudence. The infection is said to be widespread in government or semi-government

5 J.M. Puthnparambil V. Kerala Water Authority, AIR 1990 SC 2228

6 Raj Kishore V. Union of India (1997)11 SCC 619

7 Ramesh K. Sharma V. Rajasthan Civil Services, AIR 2001 SC 362

8 Prof. Narender Kumar, Law relating to Government Servants & Management of Disciplinary Proceedings, 2008, pg-173

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departments or state financed institutions. The Apex Court has deprecated the regularisation and
absorption of persons working as part-time employees or on ad hoc basis, as it has become a
common method of allowing back door entries9

The Supreme Court held that the policy of adhocism followed by the State Government for a
long period had led to the breach of Article 14 of the Constitution. Under this policy, the state
government had been appointing teachers for quite some time on ad hoc basis for short periods
without justifiable reason. In some cases the appointments were made for a period of six months
only and they were renewed after a break of few days. These ad hoc teachers were denied the
benefit of summer vacations as also the salary and allowances payable in respect to that period
and to all other privileges such as casual leave, medical leave, etc., unreasonably on account of
this pernicious system of appointment adopted by the State Government. They were
unnecessarily subjected to an arbitrary hiring and firing policy. The Apex court held that
though the Government was expected to function as a model employer, yet it appeared to be
exploiting the situation. Such a situation, the court said, could not be permitted to last any
longer.10

Emphasizing that education was dire need of the country and the constitutional obligation of the
State to secure right to education for all the citizens 11, the Supreme Court in Rabinarayana
Mohapatra V. State of Orissa,12 disapproved Adhocism in teaching appointments. The Court held
that an appointment on 89 days basis with one day break, which deprived the teachers of his
salary for the period of summer vacation and other service benefits, was wholly arbitrary and
suffered from the vice of discrimination. In order to make the existing educational set up
effective and efficient, the Apex Court ruled that it was necessary to do away with adhocism in
teaching appointments.

9 State of Karnataka V. Umadevi, AIR 2006 SC 1806

10 Rattan lal V. State of Haryana AIR 1987 SC 478

11 Articles 41 and 45 of the Constitution of India

12 AIR 1991 SC 1286

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STATUS OF AD HOC EMPLOYEES

As regards the status, the ad hoc employees virtually stand at lowest govt. employees.

An ad hoc employee doesnt acquire the right to hold the post or to continue in employment indefinitely
in contrast to a regular employee. The ad hoc employees are said to form a distinct class. Surinder Paul
Singh v. PSEB, 1997 P&H.

The Punjab and Haryana High Court in Faculty Association, P.G.I. V. Union of India, 1995 held that the
ad hoc appointees have no right to claim regularisation of their services.

The Andhra Pradesh High Court in V.J. Balready v. Andhra Bank, 1997 ruled that when an ad hoc
appointment was made for a particular time and not in accordance with the prescribed rules, it being
merely a stop-gap arrangement (act of appointing someone in ad hoc capacity), the appointee had no
right to claim continuance in service after the expiry of the period of appointment.

In Prabhat Kumar Sharma v. State of U.P., 1996 S.C., the Supreme Court held that it being a stop-gap
arrangement, the ad hoc appointee doesnt acquire right to hold the post, it is only transient in
nature( vacate the post when regular persons are appointed) pending the allotment of employees selected
according to the prescribed rules and regulations.

As regards the status, the ad hoc employees virtually stand at the lowest rung as against
permanent, quasi-permanent and temporary employees. It has been held that an ad hoc employee
does not acquire the right to hold the post or to continue in employment indefinitely in contrast
to a regular employee. The ad hoc employees are said to form a distinct class. 13

It being a stop-gap arrangement, an ad hoc appointment does not automatically give any vested
right to the appointee to claim continuity in service till it is regularized. It is only transient in
nature pending the allotment of employees selected according to the prescribed rules and
regulations.

RIGHTS OF AN AD HOC APPOINTEE

13 Saroj Kumar V .State of Punjab, 1998(5) SLR (P. &H.)266

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The rights of an ad hoc appointee may be stated as under:14

i. NO RIGHT TO THE POST: An ad hoc appointee or promotee has no right to the post. In
Director, Institute of Management Development V. Pushpa Srivstava,15 it was held that
where the appointment is purely on ad hoc basis and is contractual and any efflux of time
the appointment comes to an end, the person holding such post can have no right to
continue in the post.
An ad hoc appointment does not by itself confer any right on the ad hocist for regular
appointment in such a post. But it is equally true that even though an ad hoc appointee
has no right to hold that post to which he is so appointed, he can nevertheless be reverted
to his lower substantive post only for valid reasons such as his unsuitability to hold the
post, the availability of the person holding a lien on the post, selection of a regular
incumbent or other exigencies of public service. An ad hoc appointment, though by its
nature a precarious tenure nevertheless carries a limited right to that extent and if such an
appointee is reverted illegally and arbitrarily, he would be entitled to challenge it and
seek enforcement of his right.16

ii. LIABLE TO BE DISCHARGED: They are liable to be discharged or reverted to make


room for a regular appointee or promotee, pending which the ad hoc arrangement was
resorted to.
iii. DISCHARGE WOULD NOT ATTRACT ARTICLE 311(2) OF CONSTITUTION: The
discharge and reversal of an ad hoc appointee even after an employee has continued for
any length of time would not amount to a dismissal or reduction in rank so as to attract
Article 311(2) of the Constitution of India, unless it is shown that it was:
a) intended to be a measure of punishment,
b) the cast any stigma,
c) was otherwise malafide; or
d) it inflicts upon the delinquent civil consequences of a penal nature.
iv. Termination on the ground of alleged illegality of the regularisation has been held to be
bad. The employee should be continued as ad hoc employees after the order of

14 Supra 3 pg- 756

15 (1992)4 SCC 33

16 P.K. Majumdar and O.P. Tiwari, Service Laws in India, 3 rd ed, Orient Publishing Company, pg-189

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regularisation is revoked as was done in respect of certain other similarly situated


employee.

PROCEDURE FOR MAKING AD HOC APPOINTMENTS

The Executive is vested with power, subject of course, to a law made by the appropriate
Legislature, to make provisions for regulating the recruitment to public services. This power,
however, should be exercised fairly and ensuring a fair deal to every person consistent with the
requirements of Article 14 and 16 of the Constitution. Further the State should not exploit its
employees nor should it seek to take advantage of the helplessness and misery of either the
unemployed persons or the employees as the case may be.

Even in making ad hoc appointments, the State must adopt some procedure consistent with the
requirement of Article 16, except in extraordinary situations where the appointments brook no
delay whatsoever. Appointments made by pick and choose method in an arbitrary manner
inconsistent with the requirement of Article 16 are liable to be quashed by the courts. It has been
emphasized that for making ad hoc appointments, person should ordinarily be drawn from the
Employment Exchange. In case no candidate is sponsored by the Employment Exchange, some
appropriate method consistent with Articles 14 and 16 should be followed17.

PROTECTION AVAILABLE TO AD HOC APPOINTEES

The ad hoc appointees are entitled to twin protections:


a) Minimum of pay scale;
b) Continuance till regular incumbents joins.18
Article 14 and 16 to be complied with even in the case of stop-gap or ad hoc appointments.
Where the infringement of fundamental right guaranteed under Article 16 of the Constitution of
India to be considered for promotion is complained, it is no answer to say that because
17 Supra 8 pg- 178

18 Supra 3 pg-757

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appointments were made from time to time until the finalization of rules only on ad hoc basis,
the eligible person had no right to be considered for promotion. Whatever be the nature of
appointment i.e. permanent, temporary or ad hoc, a person eligible for promotion has a right to
be considered.19

TERMINATION OF SERVICE

Termination of ad hoc employee at any time is inherent in the nature of service. In Hindustan
Petroleum corporation Ltd. V. Ashok Rangbha Ambre20, the respondent was engaged by the
corporation in 1984, on casual basis, as an unskilled workman at its refinery at Bombay. In 1992,
he filed a writ petition in the High court by invoking Article 226, praying that he be declared as
permanent workman on the post of compounder/dressor w.e.f. June 6, 1987 in the corporation. It
appeared from the record that he was engaged purely on ad hoc basis without following proper
procedure of law and without there being any right in his favor. The services were terminated by
the corporation. But, the tribunal quashed the termination order. His name was never sponsored
by the Employment Exchange nor was an advertisement issued for the purpose of filling the post
to which the respondent was appointed. The appointment of the respondent was not found to be
legal and lawful. The apex court held that merely because in industrial adjudication, an order of
termination was quashed, the workman was not held to have substantive right to hold the post.
The court held him not entitled to be regularized as permanent employee.

In State of Mysore V. S.V. Narayanappa,21the court stated that regularisation would not mean that
the appointment would have to be considered as permanent. It explained that the words regular
or regularisation did not connote permanence.

19 O.P. Gupta V. M.C. Delhi, 1973(1) SLR 209

20 2008(2) SLR 321 (SC)

21 1967(1)SLR 128 (SC)

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In Sumati P.Shere V. Union of India22, the Supreme Court emphasized that if services of an ad
hoc employee were to be discontinued on the grounds of unsuitability, it was proper and
necessary that he should be told in advance that his work and performance were not upto the
mark. The employee should be made aware of the defect in his work and deficiencies in his
performance. Timely communication of the defects might put the employee on the right track.
Without any such communication, the court ruled, it would be arbitrary to give a movement
order to the employee on the ground of unsuitability.

REGULARISATION OF AD HOC EMPLOYEES

It has been often said that the State must be a model employer. It is for this reason, the courts
have emphasized that a person should not be kept in a temporary or ad hoc appointment status
for long. Where a temporary or ad hoc appointment is continued for long, the court presumes that
there is a need and warrant for regular post. In that event the court may direct regularisation of ad
hoc employees.

In State of Haryana V. Piara Singh23, a large number of writ petitions, arising from both the
states of Punjab and Haryana, were heard together, by the Apex Court and a common judgment
was delivered, giving certain directions in the matter of regularisation of the ad hoc and other
temporary employees. The directions may be summarized as follows:
a) The court while giving directions for regularisation of ad hoc employees, must act with
due care and caution.
b) From the mere continuance of an ad hoc employee for one year, it cannot be presumed
that there is a need for a regular post.
c) There can be no rule of thumb in such matters. Conditions and circumstances of one unit
may not be the same as of the other.
d) The relief must be moulded in each case having regard to all the relevant facts and
circumstances of that case. It cannot be a mechanical act but a judicious one. The

22 AIR 1989 SC 1431

23 AIR 1992 SC 2130

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conditions or rules relating to length of temporary/ad hoc service requisite for


regularisation need not be uniform in each state.
e) The employees must have possessed prescribed qualification at the time of ad hoc
appointment.
f) The condition that employee must have been sponsored by Employment Exchange would
be reasonable and wholesome requirement designed to curb back door entry.
g) The court cannot direct regularisation to help employees who could not satisfy the
stipulated conditions.
h) Exigencies of administration may sometimes call for an ad hoc or temporary appointment
to be made. In such a situation, effort should always be to replace such an ad hoc
employee by a regularly selected employee as early as possible. Such a temporary
employee may also compete along with others for such regular appointment/selection.
i) The appointment of a regularly selected candidate cannot be withheld or kept in abeyance
for the sake of such an ad hoc employee.
j) An ad hoc employee should not be replaced by another ad hoc employee; he must be
replaced by a regularly selected candidate.
k) Even where an ad hoc appointment is necessitated on account of the exigencies of the
administration, he should ordinarily be drawn from the Employment Exchange unless it
cannot brook delay.
l) If no candidate is available or is not sponsored by the Employment Exchange, some
appropriate method consistent with the requirements of Article 16 should be followed.
m) An unqualified person ought to be appointed only when qualified persons are not
available through the above processes.
n) If and when an ad hoc employee is regularized, he should be placed immediately below
the last regularly appointed employee in that category, class of service, as the case may
be.

In J. & K. Public Service Commission V. Narinder Mohan 24, the Supreme Court explained the
effect of the decision in State of Haryana V. Piara Singh, and observed that the Apex court did
not appear to have intended to lay down, as a general rule, that in every category of ad hoc
appointment, if the ad hoc employee appointed continued for long period, the rules of
recruitment should be relaxed and the appointment by regularisation be made. The Court,
therefore held that a little leeway to make ad hoc appointment due to emergent exigencies, did
24 AIR 1994 SC 1808

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not clothe the Executive government with power to relax the recruitment or to regularize such
appointment nor to claim such appointment to be regular or in accordance with rules.

It is thus well established that any appointment made on ad hoc basis or as a stop-gap
arrangement does not automatically give any vested right to such an employee to claim
continuity in service till it is regularized. Again, where initial ad hoc appointment is made not in
accordance with the service rules, the appointees cannot seek regularisation of their services.

In Ashwani Kumar V. State of Bihar,25 the Apex Court held that the employees, whose entry in
service was illegal, being in total disregard of the recruitment rules or being not on existing
vacancies, had no case for regularisation. The court explained that the question of regularisation
in any service might arise in two contingencies. Firstly, if on any available clear vacancy which
was of a long duration, appointment was made on ad hoc basis, by a competent authority and the
appointee continued on ad hoc basis for a given substantial length of time with a pre-condition
that the initial entry of such an employee must be made against an available sanctioned vacancy
by following the rules and regulations governing such entry. The second type of situation would
be when the initial entry against an available vacancy was found to have suffered from some
flaw in the procedural exercise though the person appointing was competent to effect such initial
recruitment and had otherwise followed due procedure for such recruitment.
The Apex Court made it clear that the so-called regularisation and confirmation could not be
relied on as shields to cover up initial illegal and void actions or to perpetuate the corrupt
methods of making recruitment.

COUNTING OF AD HOC SERVICE TOWARDS SENIORITY

It has been stated that where an ad hoc appointment is continued for long, the court presumes
that there is need and warrant for regular post and accordingly the court directs regularisation of
service. On regularisation, the further question needs to be determined as to the counting of ad

25 AIR 1997 SC 1628

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hoc service towards seniority. The question has engaged the attention of the courts on many
occasions. In such cases the courts have considered the circumstances under which and the
manner in which the ad hoc appointment has been made.

In Direct Recruit Class II Engg. Officers Association V. State of Maharashtra 26, a Constitution
bench of the Supreme Court ruled that where the initial appointment was only ad hoc and not
according to rules and made as a stop-gap arrangement, the officiation in such post could not be
taken into account for considering the seniority.

In Ram Paul Khajuria V. State of Jammu and Kashmir 27, placing reliance on the decision given
by the Supreme Court in Direct Recruit Class II Engg. Officers Association V. State of
Maharashtra, it was concluded:

a) That the policy of making appointment on ad hoc basis which leads to breach of Articles
14 and 16 of the Constitution of India should not be permitted for unduly long period;
b) Ad hoc period of service can be counted if the initial appointment is made under the
rules;
c) Where ad hoc appointment is made and the vacancies have been referred to the Public
Service Commission or to the Departmental Promotion Committee, then the ad hoc
appointees cannot be given the benefit of the service rendered by them on ad hoc basis.

Recruitment of temporary, contractual, casual, daily wages or ad hoc employees de hors the
Constitutional scheme of public employment, does not entitle them to claim regularisation. Such
persons are said to have no right to invoke legitimate expectation, if any, to be absorbed,
regularized or granted permanent continuance, on the basis of such relief having been granted to
similarly placed employees in certain orders of the Supreme Court. Even long continuance of
such employees on irregular basis, would not entitle them, to claim equality with regularly
recruited employees.

26 AIR 1990 SC 1607

27 (J&K) 1999 (1) SCT 729

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It is a trite law that where neither the initial appointment nor the confirmation was done by
following the prescribed procedure, regularisation of such an appointment, being illegal, would
be clear violation of Articles 14 and 16(1). It has also been ruled that question of confirmation or
regularisation of an irregularly appointed candidate would arise, if the candidate concerned was
appointed in an irregular manner or on ad hoc basis against an available vacancy which was
already sanctioned. But, if the initial entry itself was unauthorized and was not against any
sanctioned vacancy, question of regularizing the incumbent on such a non-existing vacancy,
would never survive for consideration and if such purported regularisation or confirmation was
given, it would be an exercise in futility. It would amount to decorating a stillborn baby.28

BENEFIT OF SENIORITY, PROMOTION AND PENSION TO AD HOC EMPLOYEES

An ad hoc appointee whose services have been regularized by the regularization rules framed
under proviso to Article 309 of the Constitution of India after being duly selected by the selection
committee and becoming member of the services would be entitled to seniority. This would be
from the date of order of appointment after selection in accordance with the regulations. The
purely ad hoc employees or employees on purely officiating basis or employees purely for a
temporary employment period in the cadre being not members of the service in accordance with
the service rules are not entitled to have the benefit of their adventitious, purely ad hoc and
temporary service. Even appointments to temporary post would not be reckoned for
determination of seniority unless and until they become members of the services according to the
provision of the service rules.29

In Nasib Singh V. State of Punjab30, the court held that the entire service shall be counted for the
period of pension, if a temporary or ad hoc service is followed.

28 State of Jharkhand V. Manshu Kumbhkar, 2008 (1) SLR 1

29 Supra 3 pg- 764

30 1999 (5) SLR 497 (P. & H).

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In K. Madalaimuthu V. State of Tamil Nadu 31, the court held that the seniority of a person
appointed temporarily to a particular post without recourse to the Recruitment Rules can be
counted only from the date on which his services are regularized.

LATEST GUIDELINES BY THE SUPREME COURT

Recently on 14 Feb, 2014, the Supreme Court has issued a slew of guidelines for high courts and
trial courts to curb the menace of ad hoc appointments and to ensure availability of staff.
A Bench led by Justice B S Chauhan said all posts shall be filled by issuing advertisements in at
least two newspapers, one of which must be in a regional language with wide circulation.

The exercise to fill vacancies at the earliest must start in advance to ensure the selected person
joins immediately on availability of the post, and hence, there may be no occasion to appoint any
person on ad hoc basis for the reason that the problem of inducting daily labourers who are
ensured of a regular appointment subsequently has to be avoided and a fair procedure must be
adopted giving equal opportunity, it said.

The Bench asked high courts and subordinate courts to undertake the exercise of recruitment on
a regular basis at least once a year for existing vacancies or vacancies likely to occur within a
said period. The court said this will also control the menace of ad-hocism.

The Bench said: There can be no doubt that employment, whether of class IV, III, II or any
other class in the High Court or courts subordinate to it falls within the definition of public

31 (2006) 6 SCC 558

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employment. Such employment, therefore, has to be made under rules and orders of the
competent authority.

The order came on a bunch of petitions relating to appointment of class IV employees in courts
subordinate to the Delhi HC. The dispute had arisen over the continuity of employees appointed
an ad hoc basis for 89 days, which would extend for the same period after the same interval.32

BIBLIOGRAPHY

D.P.Tiwari, R.K. Majumdar . Service Laws in India. New Delhi: Orient Publishing
Company.

Doabia, Justice T.S. The Law of Services and Dismissals. Nagpur: Lexis Nexis
Butterworths Wadhwa, 2011.

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