MD. ISRAILS AND ORS. versus STATE OF WEST BENGAL AND ORS.

Citation: [2002] 1 S.C.R. 13 · Decided: 07-01-2002 · Supreme Court of India · Bench: G.B. PATTANAIK · Disposal: Appeal(s) allowed

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Judgment (excerpt)

MD. ISRAILS AND ORS. 
v. 
STATE OF WEST BENGAL AND ORS. 
JANUARY 7, 2002 
[G.B. PATTANAIK AND Y.K. SABHARWAL, JJ.] 
Service Law : 
West Bengal Services· (Determination of Seniority) Rules, 1981 : Rule 
6. 
West Bengal Public Service Commission (Exemption from Consultation) 
Regulations, 1995 : Section 3A 
West Bengal Public Service Commission (Consultation by Governor) 
A 
B 
c 
Regulation, 1955 : Regulation 3. 
D 
Seniority-State of West Bengal-Directorate of National Employment 
Service-Employment Officer-Direct recruits and promotees-Determination 
of inter se-seniority-Adhoc promotions in exigency of service-Appointment 
letter specifically stating that appointment was purely adhoc and subject to 
approval of Public Service Commission-Continuation without approval of E 
Public 'Service Commission-Regularisation of appointment by Commission 
subsequently-Held, period of adhoc appointment to regularisation cannot 
be counted for determining seniority of promotees. 
The dispute in this appeal pertains to determination of inter-se seniority 
between direct recruits and the promotees in the cadre of Employment Officer p 
in the Directorate of National Employment Service in the State of West Bengal. 
On being selected by the West Bengal Public Service Commission, the 
appellants were appointed to the post of Employment Officer, as direct recruits, 
during the period 1976 to 1982. On the other hand respondents No. 6 to 30 
were promoted during 1978-79 on adhoc basis to the post of Employment 
Officer for a period of six months. Their letter of appointment on promotion G 
unequivocally stated that the appointment was purely on adhoc basis subject 
to the approval of the Public Service Commission and was liable to be 
terminated at any time without notice. As the Government continued the 
respondents beyond the period of six months without any approval of the Public 
Service Commission, the direct recruits filed a writ petition in the Calcutta H 
13 
14 
SUPREME COURT REPORTS 
[2002] J S.C.R. 
A High Court praying that adhoc promotees should not be allowed to continue 
in the post without approval of the Public Service Commission. During the 
pendency of this writ petition the West Bengal Public Service Commission 
approved the promotion of respondents 6 to 30 to the post of Employment 
Officer with effect from 29th June, 1988. Consequently, State Government 
B filed an affidavit in the pending writ petition praying that it may be allowed to 
prepare a gradation list including all the Employment Officers treating the 
adhoc employees since regularised with effect from 29th June, 1988 on the 
basis of their continuous officiation. Rejecting the objection of the appellants, 
direct recruits, a Single Judge of the High Court dismissed the writ petition 
holding that the seniority of adhoc promotees has to be counted from the initial 
C date of appointment on promotion and not from the date of their regularisation. 
Thereafter the direct recruits approached the Division Bench in appeal which 
was also dismissed. Against the decision of High Court direct recruits 
preferred appeal before this Court. On their behalf it was contended that the 
High Court erred in directing that the adhoc promotees would be entitled to 
count their seniority from the initial date of their adhoc promotion because 
D (1) the adhoc promotion of respondents not being in accordance with the 
relevant statutory provisions contained in the Recruitment Rules read with 
the West Bengal Public Service Commission (consultation by Governor) 
Regulation of 1955 as well as the Exemption Regulations, the services 
rendered prior to the approval by the Public Service Commission cannot be 
E counted for reckoning the seniority; (ii) under Rule 6 of the West Bengal 
Services (Determination of Seniority) Rules, 1981 thereof, the relative 
seniority between the promotee and direct recruit is required to be determined 
by the year of appointment or promotion of each of the promotee in the post, 
cadre or grade; it necessarily stipulates the year of regular promotion having 
been made in accordance with the Rules and not any adhoc promotion made 
F de hors the Rules; and (iii) there was unequivocal stipulation in the letter of 
appointment in case of adhoc promotees that appointment and posting would 
be purely on an adhoc basis subject to the approval of the Public Service 
Commission and was liable to be terminated at any time without any notice. 
G 
H 
Allowing the

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