# STATE OF PUNJAB & ANR v. ASHWANI

- **Citation:** [2008] 13 S.C.R. 1136
- **Court:** Supreme Court of India
- **Decided:** 2008-09-29
- **Case number:** Civil Appeal No. 5892 of 2008
- **Bench:** Dr. Arijit Pasayat, Dr. Mukundakam Sharma
- **Source:** https://unisonlegal.in/judgment/supreme-court-of-india/state-of-punjab-anr-v-ashwani-23693
- **Pages:** 4

## Headnote

Punjab Civil Services (General and Common Conditions
c of Service) Rules, 1994 - r. 8 - Seniority - Determination of -
Held: Only period of regular service rendered by the employee
to be counted and not period of ad-hoc service.
Respondents serving as Clerks under the State of
Punjab, were initially appointed on ad-hoc basis and later
D regularized. At the time of their appointment, Respon-
,.
dents were governed by the Punjab Civil Services (General and Common Conditions of Service) Rules, 1994.
The question which arose for consideration in the .
E present appeal was as to whether the period of ad-hoc
service rendered by the Respondents was to be counted
for the purpose of seniority.
Allowing the appeal, the Court
HELD:1. In Rule 8 of the Punjab Civil Services (GenF eral and Common Conditions of Service) Rules, 1994, it
is provided that the seniority of the persons appointed
on purely provisional basis or on ad-hoc basis shall be
determined as and when they are regularly appointed
keeping in view the date of such regular appointment.
G Further, in the orders appointing the respondents on adhoc basis, it was specifically stated that they will be governed by the aforementioned Rules. It was further stated
in paragraph Ill of the appointment letter that the appointees' seniority will be determined only by merit in which
H
1136
)
STATE OF PUNJAB & ANR. v. ASHWANI
KUMAR & ORS.
1137
he or she is placed by Punjab Public Service CommisA
sion. Thus it is clear that only regular service is to be
counted towards seniority. The judgment/order passed
by the High Court holding that ad-hoc service is to be
included in calculating the period of service for giving the
higher scale of pay is unsustainable and has to be vaB
cated. [Paras 4, 5] [1139,A-C; 1139,D-E]
State of Haryana v. Haryana Veterinary & AHTS Association and Anr. (2000) 8 sec 4 - relied on.
2. However, if any of the respondents has drawn any c
amount on the basis of the High Court's judgment granted
to by including the period of his ad-hoc· service then the
State Government shall not recover the amount already
drawn by the employee though for fixation of the cadre
seniority t_he position as laid down in this order will govD
ern. [Para 6] [1139,F]
Case Law Reference
(2000) s sec 4
relied on
Para 4

## Text

A
B
[2008] 13 S.C.R. 1136
STATE OF PUNJAB AND ANR.
\/.
ASHWANI KUMAR AND ORS.
(Civil Appeal No. 5892 of 2008)
SEPTEMBER 29, 2008
[DR. ARIJIT PASAYAT AND DR. MUKUNDAKAM
SHARMA, JJ.]
Punjab Civil Services (General and Common Conditions
c of Service) Rules, 1994 - r. 8 - Seniority - Determination of -
Held: Only period of regular service rendered by the employee
to be counted and not period of ad-hoc service.
Respondents serving as Clerks under the State of
Punjab, were initially appointed on ad-hoc basis and later
D regularized. At the time of their appointment, Respon-
,.
dents were governed by the Punjab Civil Services (General and Common Conditions of Service) Rules, 1994.
The question which arose for consideration in the .
E present appeal was as to whether the period of ad-hoc
service rendered by the Respondents was to be counted
for the purpose of seniority.
Allowing the appeal, the Court
HELD:1. In Rule 8 of the Punjab Civil Services (GenF eral and Common Conditions of Service) Rules, 1994, it
is provided that the seniority of the persons appointed
on purely provisional basis or on ad-hoc basis shall be
determined as and when they are regularly appointed
keeping in view the date of such regular appointment.
G Further, in the orders appointing the respondents on adhoc basis, it was specifically stated that they will be governed by the aforementioned Rules. It was further stated
in paragraph Ill of the appointment letter that the appointees' seniority will be determined only by merit in which
H
1136
)
STATE OF PUNJAB & ANR. v. ASHWANI
KUMAR & ORS.
1137
he or she is placed by Punjab Public Service CommisA
sion. Thus it is clear that only regular service is to be
counted towards seniority. The judgment/order passed
by the High Court holding that ad-hoc service is to be
included in calculating the period of service for giving the
higher scale of pay is unsustainable and has to be vaB
cated. [Paras 4, 5] [1139,A-C; 1139,D-E]
State of Haryana v. Haryana Veterinary & AHTS Association and Anr. (2000) 8 sec 4 - relied on.
2. However, if any of the respondents has drawn any c
amount on the basis of the High Court's judgment granted
to by including the period of his ad-hoc· service then the
State Government shall not recover the amount already
drawn by the employee though for fixation of the cadre
seniority t_he position as laid down in this order will govD
ern. [Para 6] [1139,F]
Case Law Reference
(2000) s sec 4
relied on
Para 4
CIVILAPPELLATE JURISDICTION: Civil Appeal No. 5892
E
of 2008
_From the final Judgment and Order dated· 20.4.2004 of
the High Court of Punjab and Haryana at Chandigarh in CWP ,:
No. 12230 of 2003
K.K. Khurana, A.AG., Arun K. Sinha for the Appellants.
The Judgment of the Court was delivered by
DR. ARIJIT PASAYAT, J. 1. Leave granted.
F
2. Challenge in this appeal is to the order passed by a G
Division Bench of the Punjab and Haryana High Court holding
that the ad-hoc services of the respondents were to be counted
for the purpose of seniority. Reliance was placed on certain
other orders of the High Courts passed earlier. It is stated by -
learned counsel for the appellants that this Court had occasion
H
1138
SUPREME COURT REPORTS
[2008] 13 S.C.R.
·A to deal with the appeals filed by the State questioning correctness of the judgments on which reliance has been placed by
the High Court. Respondents were initially appointed during the
period 1978 to 1987 as Clerks on ad-hoc basis and were regularized between the period from 1980 to 1Q90. Respondents
B submitted reRresentations clair:ning th.e benefit of their ad-hoc
ser'1ices relying on the judgment tQ which reference has been
made by the High Court in the impugned judgment. Prayer was
to the effect that the ad-hoc service was to be counted for all
int.ents and purposes including seniority.
C
3. The main question !hat a_rises for consideration in this
appeal is yvhether the period of ad-hoc services rendered by
the respondents is to be included for .calculating ihe seniority.
This question was cons_idered by a three-Judge Bench of this
Court- in State of Haryana v. Haryana Veterinary & AHTS AsD sociation and Anr. (2000 (8) SCC 4) wherein this Court took
the view that for calculating &/18 years service required for giving higher scale of pay and for determination of seniority only
regular service rendered by the employee is to be counted and
not ad-hec service.
E
4. Learned counsel for the respondents strenuously contended that the respondents who are Cle_rks serving under the
State of Punjab are governed by a set of Rules and circulars
different from those which were considered in the decided case
and, therefore, the ratio in that case will not be applicable in
F these cases. We have carefully ~onsidered the said contention. We have also consid~red the Government Letter No.4/8/
85-3PPl/4408 dated 13.3.1996 containing the policy instructions. On a plain reading of the letter, it is clear that the instructions contained therein were based on the decision of the Punjab
G and Haryana High Court taking the view that ad-hoc service
should be taken into account for the purpose. This letter in our
view ·can no lbnger form the basis of the contention in view of
the recent decision by this Court in State of Hayana v. Haryana
Veterinary & AHTS Association and Anr. (supra). Undisputedly,
H the respondents at the time of their appointment were governed
STATE tlF PUNJAB & ANR. v. ASHWANI
1139
KUMAR & ORS. [DR. ARIJIT PASAYAT, J.]
by lhe Punjab Civil Services (General and Common Conditions
A
of service) Rules, 1994. In Rule 8 of the said Rules if is provided that the seniority of fhe persons appointed on purely provisional basis or on ?d-hoc basis shall be determined as and
when they are regularly appointed keeping in view the date of
such regular' appointment. Further, in the orders appointing the
B
respondents on ad-hoc basis, it was specifically sfated that they
will be governed by the aforementioned Rules. It was furthe,r ·
stated in paragraph Ill of the appointment letter that the appoin"
tees' seniority will be determined only by merit in which he or
. she is placed by Punjab Public Service Commission. Thus it is Cr
· clear that only regular service is to be counted towards senior- .
ity.
.
5. We do not .feeHt necessary to delve fu"rther into merits
of the· cifae in· view .of the decision· otthis Court in State of
Hayana v. Har/aha Veterinary & AHTS Association and Anr.
D
(supra). We are satisfied that the ratio in that case applies to
the case in hand. The resultant position that emerges is that the.
judgrrienUorder passed by the High 9ourt holding that ad-hoc .
service is to be.included in calculating the period of.service for
, ·giving the higher scale of pay is unsustainable and has to be
E
vacated. Accordingly, the appeal is allowed and the judgmenU
order of the High Court under challenge is set aside.
.
6: However, we make it clear th"at if any of the respondents has drawn any amount on the basis of the High Court's
~ · judgment granted to by inclu.ding the period of his ad-hoc serF
. vice then the State Government shall not recover the amount. ·
already dra~n by the employee though fo~ fixation of the cadre
seniority the position as laid down in this order will govern. No
costs.
B.B.B. ·
:
)
G
Appeal allowed.·
. .
.