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september 2003

Supreme Court of India · 2003-09-10

SANTOSH KUMAR vs G.R. CHAWLA

Citation / case number
SC 1994/12081
Court
Supreme Court of India
Petitioner
SANTOSH KUMAR
Respondent
G.R. CHAWLA
Author
AR. LAKSHMANAN. M. B. SHAH
Bench
DR. AR. LAKSHMANAN. M. B. SHAH

Judgment text excerpt

The Supreme Court addressed the issue of seniority for ad hoc appointees in the context of Civil Appeal Nos. 11964 and 11965 of 1996, emphasizing that ad hoc service cannot be counted for seniority unless the appointments were made after fulfilling all criteria for regular appointments. Citing the precedent in Direct Recruit Class II Engineering Officers’ Association vs. State of Maharashtra (1990) 2 SCC 715, the Court held that the High Court erred in excluding the period of ad hoc service from seniority calculations. The Court ultimately upheld the High Court's directive to prepare a fresh seniority list based on merit as determined by the Public Service Commission, while dismissing certain writ petitions.

SANTOSH KUMAR vs G.R. CHAWLA · Niyam