appointment whichever is later. Whereas the appointment under Regulation 8 is only fortuitous due to administrative exigencies and such an appointee cannot claim any seniority ... being brought on the select list should be treated to be fortuitous. By operation of Exp. 2 he counts his continuous officiation in the senior
same scale of pay without any reversion; their
posts were not fortuitous, nor stop gap. Consequently their
entire continuous length of service from the dates ... dates of initial promotion till date of sub-
stantive appointment being fortuitous cannot be counted
towards seniority; (ii) since the promotees were appointed
in excess
Engineers against regular vacancies,
which were neither a stop-gap arrangement nor fortuitous,
and being continued in service without any break from the
respective dates ... Engineers against regular vacancies, which were neither a
stop-gap arrangement nor fortuitous, and they continued in
service without any break from the respective dates
conditions of the service, but
providing eligibility for the officers who for fortuitous
circumstance of not completing the service were given
opportunity to consider eligibility ... such
officers due to the inaction or skillful maneavour at circle
level. Fortuitous circumstances of some officers completed
the criteria would be a ground
were not according to rules. The
promotions were, therefore, held to be fortuitous; it was also observed
that the seniority could not be counted from ... appellants that the
promotees in the present cases had not been appointed fortuitously. This
submission has to be made to be rejected, because of what
hors the rules or on ad hoc basis or
to a fortuitous vacancy gets seniority from the date of regular appoint-
ment.
It is settled ... condition precedent
to count seniority. Temporary or act hoc or fortuitous appointments etc.
are not appointments in accordance with the Rules and the temporary service
this Court that an appointment against a purely temporary ad hoc or fortuitous post does not entitle the holder of the post ... member of the service and as such, such fortuitous or ad hoc appointment does not entitle the holder of the post to get the benefit
period would not be treated for seniority, as the appointments
then become fortuitous; and the persons appointed in excess of the quota
are not entitled ... continued for a long time, the entire period of service would be fortuitous
and so would not be counted towards seniority.
In this case, admittedly
Executive Engineers
was in similar language. Section 2(h) defined "fortuitously
appointed" in the following terms:
"fortuitously appointed" means appointed
which
could not be denied to him merely on account of his
fortuitous transfer to Patna. Therefore, notwithstanding the
fact of his transfer and subsequent
