STATE OF GUJARAT versus C.G. RAIYANI

Citation: [1994] SUPP. 5 S.C.R. 614 · Decided: 21-11-1994 · Supreme Court of India · Bench: K. RAMASWAMY, N. VENKATACHALA · Disposal: Appeal(s) allowed

Judgment (excerpt)

A 
B 
c 
D 
E 
F 
STATE OF GUJARAT 
v. 
C.G. RAIY ANI 
NOVEMBER 21, 1994 
[K.RAMASWAMYANDN. VENKATACHALA,JJ.] 
SERVICE LAW: 
Seniority-Panchayat 
Services-Junior 
Engineer-Ad-hoc 
ap-
pointment-Subsequent regular appointment by Selection Board-Inter-se 
Seniority-Determination of - Held : Adhoc Service not to be counted-
Only regular service to be counted for purpose of seniority. 
The respondent was appointed as Junior Engineer on Adhoc basis 
in 1969. Thereafter Panchayat Services Selection Board was constituted 
and it recommended candidates for regular appointment, the 
respondent being one among them. As per the provisional Seniority 
List, respondent was promoted as Deputy Executive Engineer in 1978. 
Thereafter a common seniority list was prepared of the employees 
belonging to the State Service as well as Panchayat Departments. In 
that list respondent's name figured at SI.No. 69. After issuing show 
cause notice and considering the objections, the Government 
determined the inter-se seniority in 1971. The respondent's seniority 
was shown at SI.No. 109. He was reverted as Junior Engineer in 1982. 
Respondent challenged the demotion by filing a suit, which was decreed 
and confirmed on appeal. Since the second appeal was also dismissed 
by the High Court, the State Government preferred the present appeal. 
Allowing the appeal, this Court 
HELD:- 1.1. The Civil Courts as well as the High Court have 
committed grievous error of law in fixing the seniority of the 
respondent from the initial date of fortuitous appointment namely, the 
G 
adhoc appointment made on May 20th, 1969. (618 E & F) 
1.2. The appointment of the respondent on May 20th, 1969 was 
made on Adhoc basis without following any acceptable process of selec-
tion. He had also applied for and was selected for regular appointment 
by the Panchayat Services Selection Board and the regularisation was 
H 
sought to be made with effect from the date of the selection, namely, 
614 
STATE OF GUJ. v. C.G. RAIYANI 
615 
July 15, 1972. Hence, the adhoc service rendered by the respondent A 
between May 20, 1969 to July 14, 1972 was not taken into account, in 
that his seniority had been counted only from the date of the selection, 
namely, July 15, 1972. Admittedly, that date has been given to the 
respondent as well as those who were temporarily appointed and were 
selected. Thereby, the respondent's seniority should be counted only 
from the date. (616 D-E) 
B 
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 89218 of 
1994. 
From the Judgment and Order dated 2.9.1993 of the Gujarat High 
Court in S.A.No. 81of1986. 
C 
P.S. Poti, R. Karanjawala, Ms. Karanjawala, Ms. Nandini Gore and Ms. 
Vidula for the Appellant. 
R.N. Keshwani for the Respondent. 
The following Order of the Court was delivered: 
D 
Delay Condoned. 
Leave granted. 
The admitted facts are that the respondent was appointed on adhoc E 
basis on May 20, 1969 as a Junior Engineer Junagadh, District Panchayat. 
There after the Panchayat Services Selection Board was constituted to 
recruit the candidates for regular appointment. The Board selected and 
recommended the candidates for regular appointment among whom the 
respondent was one of the selected candidates. As per the provisional F 
seniority list, the respondent was considered for temporary promotion to the 
post of Deputy Executive Engineer and was appointed on March 6, 1978. 
Thereafter it would appear that the service of the person working in the 
Panchayats has been provisionalised and the common seniority list was 
prepared of the employees belonging to the State Service as well as the 
Panchayat Departments. Therein the respondent's name had figured at G 
Serial No. 69. After issuing show cause notice to all the persons and enter 
considering their objections, the Government in their proceedings dt. 
November 10, 1981, Annexure-47, determined the inter-se seniority. 
Therein the respondent's seniority was shown at Serial No. 109. After 
finalization of the inter-se seniority, he was reverted as Junior Engineer on 
January 4, 1982. The respondent challenged the demotion by filing a suit. H 
616 
SUPREME COURT REPORTS 
[1994] SUPP. 5 S.C.R 
A 
The suit was decreed and on appeal, it was confirmed. $.A.No. 81/86 dt. 
B 
c 
D 
E: 
F 
September 2, 1983 was dismissed. Thus this appeal by special leave. 
While regularizing the service by order dated November 11, 1981, 
clause V thereof provided the criteria for fixation of the inter-se seniorit

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