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september 2008

Supreme Court of India · 2008-09-29

State Of Punjab & Anr vs Ashwani Kumar & Ors

Citation / case number
AIR 2009 SUPREME COURT 186
Court
Supreme Court of India
Petitioner
State Of Punjab & Anr
Respondent
Ashwani Kumar & Ors
Author
Arijit Pasayat
Bench
Mukundakam Sharma, Arijit Pasayat

Judgment text excerpt

The Supreme Court held that the period of ad-hoc services rendered by the respondents cannot be included for calculating seniority, referencing the precedent set in State of Haryana v. Haryana Veterinary & AHTS Association (2000 (8) SCC 4), which established that only regular service is to be counted for seniority and pay scales. The Court found that the Punjab Civil Services Rules, 1994, explicitly state that seniority for ad-hoc appointees is determined by their regular appointment date. Consequently, the High Court's order allowing the inclusion of ad-hoc service for seniority was set aside, and the appeal was allowed.

State Of Punjab & Anr vs Ashwani Kumar & Ors · Niyam