appointed or promoted on
an ad hoc basis or for fortuitous reasons or by way of a
stop gap arrangement cannot rank for purposes ... appointment as Additional
District and Sessions Judge on an ad hoc, fortuitous
355
or stop-gap basis. Thus, persons belonging to the Delhi
Judicial Service
specified date is wholly arbitrary and the
classification based on the fortuitous circumstance of
retirement before or subsequent to the specified date is
invalid ... Pension
would now be on the higher side on account of two fortuitous
circumstances, namely, that the pay scales permit annual
increments and usually there
seniority because when
confirmation is granted zone-wise, it depends on the
fortuitous accrual of vacancies arising arbitrarily at
different times and in different numbers ... post; such service should not
include any period served in a fortuitous, stop-gap or
adhoc appointment. [834 G-H; 835 A-E]
9. After
rules in so far as it makes
seniority dependent upon the fortuitous circumstance of
confirmation, is open to the same objection
violative of Article 14. It was also contended that classification based on fortuitous circumstance of retirement before or subsequent to a date, fixing of which ... would be on the higher side on account of the two fortuitous circumstances that the pay-scales, if one has not reached the maximum, permit
closing work-in-progress is comparable to cases in which a fortuitous loss has occurred to the employer. Counsel is right that if a fortuitous ... Workmen , , from which it must follow that a fortuitous loss cannot impair the workmen's claim to bonus. But here the reduction in valuation
case the
classification cannot be said to rest on any fortuitous
circumstances. educational qualifications have been
recognised by this Court as a safe criteria ... view to achieving
administrative efficiency cannot be said to rest on any
fortuitous circumstance and one has always to bear in mind
the facts
Kesavananda Bharati Sripadagalvaru ... vs State Of Kerala And Anr on 24 April, 1973
Equivalent citations
Needle Industries (India) Ltd., & Ors vs Needle Industries Newey (India) ... on 7 May, 1981
direct recruits is
wrongly and unjustly made to depend upon the fortuitous
circumstance of the date of their confirmation in the
Superior Judicial Service; that
