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Th. Tilotama Devi vs Regional Institute Of Medical Sciences ... on 21 March, 2025 cites

Direct Recruit Class Ii Engineering ... vs State Of Maharashtra And Ors on 2 May, 1990

or "stopgap". If a post is created to meet a situation which has suddenly arisen on account of happening of some event of a temporary nature then the appointment of such a post can aptly be described as "fortuitous" in nature. If an appointment is made to meet the contingency arising on account of delay in P a g e 21 | 33 completing the process of regular recruitment to the post due to any reason and it is not possible to leave the post vacant till then, and to meet this contingency an appointment is made then it can appropriately be called as a "stopgap" arrangement and appointment in the post as "ad hoc" appointment. It is not possible to lay down any strait-jacket formula nor give an exhaustive list of circumstances and situation in which such an appointment (ad hoc, fortuitous or stopgap) can be made. In service jurisprudence, a person who possesses the requisite qualification for being appointed to a particular post and then he is appointed with the approval and consultation of the appropriate authority and continues in the post for a fairly long period, then such an appointment cannot be held to be "stopgap or fortuitous or purely ad hoc". Therefore, the reasoning and basis on which the appointment of the promotees in the Delhi Higher Judicial Service in the present case was held by the High Court to be "fortuitous/ad hoc/stopgap" are wholly erroneous and, therefore, exclusion of those appointees to have their continuous length of service of seniority is erroneous......" Direct Recruit Class II Engineering Officers' Association v. State of Maharashtra & Ors. [(1990) 2 SCC 715] -
Supreme Court of India Cites 23 - Cited by 915 - L M Sharma - Full Document
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