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1 - 7 of 7 (0.21 seconds)D. Ganesh Rao Patnaik And Others vs State Of Jharkhand And Others on 6 October, 2005
In the case of D.Ganesh Rao Patnaik & Ors v. State of Jharkhand & Ors, [(2005) 8 SCC 454], the Honourable Apex Court opined that,
".... that the appointment of the contesting respondents was not only contrary to Rules but was fortuitous in nature and they can get no advantage of such fortuitous appointment until a substantive vacancy was available in their quota, which in fact became available much later some time in the year 1993-94, which is long after the appointment of the appellants.
Rudra Kumar Sain & Ors vs Union Of India & Ors on 22 August, 2000
What is a fortuitous appointment has been explained in a Constitution Bench decision of this Court in Rudra Kumar Sain v. Union of India (2000) 8 SCC 25. After observing that the Rules in question did not define the terms 'ad hoc', 'stopgap' and 'fortuitous', which are in frequent use in service jurisprudence, the Court referred to several dictionaries. The meaning given to the expression 'fortuitous' in Stroud's Judicial Dictionary is 'accident or fortuitous casualty'. This should obviously connote that if an appointment is made accidentally, because of a particular emergent situation, such appointment obviously would not continue for a reasonably long period. In Black's Law Dictionary the expression 'fortuitous' means 'occurring by chance', 'a fortuitous event may be highly unfortunate'. It thus indicates that it occurs only by chance or accident, which could not have been reasonably foreseen. In Oxford dictionary the meaning given to the word 'fortuitous' is - happening by accident or chance rather than design. In our opinion it will not be proper to hold that the promotion of the contesting respondents was fortuitous as contended by learned counsel for the appellants. It cannot be said that the contesting respondents were promoted by accident or by chance. Their promotion order was passed as there were vacancies to the posts of Additional District and Sessions Judges, though in the quota or direct recruits, but as no recruitment from the said channel had been made for a long time and sufficient number of candidates were not available, the vacancies were filled in by giving promotion to members of Bihar Civil Service (Judicial Branch). If promotion orders had not been passed and the posts had not been filled in, the judicial work in the districts would have suffered. However, it is clear that having regard to the various orders passed on the judicial side by the Patna High Court and the legal position being well settled that the temporary posts have also to be counted for determining the one-third quota of direct recruits, the promotion given to the contesting respondents was not in accordance with law. Instead of taking the harsh step of rescinding their order of promotion the Patna High Court, on the administrative side, took the decision to treat them promoted against subsequent quota of promotees. Therefore, the contesting respondents can under no circumstances claim seniority over the appellants and the view to the contrary taken by the Jharkhand High Court on 29th August, 2002 on administrative side and also in the judgment and order dated 1st April, 2003, which is the subject-matter of challenge in the present appeal, is wholly erroneous in law."
Keshav Chandra Joshi And Ors. Etc vs Union Of India And Ors on 6 November, 1990
In the case of Keshav Chandra Joshi & Ors v. Union of India & Ors, reported in 1992 Supp.1 SCC 272, it was observed thus,
"........ An officer appointed by promotion in accordance with Rules and within quota and on declaration of probation is entitled to reckon his seniority from the date of promotion and the entire length of service, though initially temporary, shall be counted for seniority. Ad-hoc or fortuitous appointments on a temporary or stop gap basis cannot be taken into account for the purpose of seniority, even if the appointee was subsequently qualified to hold the post on a regular basis. To give benefit of such service would be contrary to equality enshrined in Article 14 read with Article 16(1) of the Constitution as unequals would be treated as equals. When promotion is out side the quota, the seniority would be reckoned from the date of the vacancy within the quota, rendering the previous service fortuitous. The previous promotion would be regular only from the date of the vacancy within the quota and seniority shall be counted from that date and not from the date of his earlier promotion or sub-sequent confirmation. The rule of quota being a statutory one it must be strictly implemented and it is impermissible for the authorities concerned to deviate from the rule due to administrative exigencies or expediency. The result of pushing down the promotees appointed in excess of the quota may work out hardship but it is unavoidable and any construction otherwise would be illegal, nullifying the force of statutory rules and would offend Articles 14 and 16(1). Therefore, the rules must be carefully applied in such a manner as not to violate the rules or equality assured under Article 14 of the Constitution. This Court interpreted that equity is an integral part of Article 14. So every attempt would be made to minimise, as far as possible, inequity, Disparity is inherent in the system of working out integration of the employees drawn from different sources, who have legitimate aspiration to reach higher echelons of service. A feeling of hardship to one, or heart burning to either would be avoided. At the same time equality is accorded to all the employees."
Union Of India vs Dharam Pal Etc. on 12 February, 2009
10. The Honourable Supreme Court analysing case laws in the subject in Union of India Vs. Dharam Pal [2009 - 4 - SCC - 170] held as follows :-
Section 19 in The Administrative Tribunals Act, 1985 [Entire Act]
State Of Bihar And Others Etc vs Akhouri Sachindra Nath And Others Etc on 19 April, 1991
In, State of Bihar & Ors v. Akhouri Sachidananda Nath & Ors, [1991 Suppl. (1) SCC 334] Honble Supreme Court observed that,
"12. It is well settled that no person can be promoted with retrospective effect from a date when he was not born in the cadre so as to adversely affect others. It is well settled by several decisions of this Court that amongst members of the same grade seniority is reckoned from the date of their initial entry into the service. In other words, seniority inter-se amongst the Assistant Engineers in Bihar Engineering Service, Class II will be considered from the date of the length of service rendered as Assistant Engineers. This being the position in law the respondents 6 to 23 can not be made senior to the respondents 1 to 5 by the impugned Government orders as they entered into the said Service by promotion after the respondents 1 to 5 were directly recruited in the quota of direct recruits. The judgment of the High Court quashing the impugned Government orders made in annexures, 8, 9 and 10 is unexceptionable."
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