servant so appointed
843
certain benefits regarding pay and leave, but was otherwise
on the same footing as appointment to a temporary post on
probation ... person appointed on probation, during the period
of probation, (b) of a person appointed otherwise than under
contract to hold a temporary appointment
list of
those promotees who are appointed to posts in the service,
whether such appointment is to temporary posts or to
substantive vacancies ... list of those promotees who are appointed to posts
in the Service,
372
whether such appointment is to temporary posts or to
substantive vacancies
order of merit will be appointed on probation against
vacant permanent posts and those following will be appointed
against temporary posts. It also lays down ... temporary vacancies. the respondents were
appointed long before the appointment of appellants as
Assistant Engineers in permanent vacancies. The appoint-
449
ment of respondents
reads as follows:-
"3. Substantive appointment of temporary lecturers.-
All temporary lecturers as were appointed as such on or
before the 25th ... lecturers who had
been appointed later on also. It is evident, therefore, in
view OF the history of appointment of temporary lecturers,
that the intention
appointment from amongst engineer students of the
Thomson Civil Engineering College, Roorkee, (ii) by direct
appointment, (iii) by appointment of officers in the
temporary service ... Assistant Engineers duly qualified. Their
appointments might have been temporary, but temporary posts
and temporary appointments are within the Rules. The Public
Service Commission
appointed against substantive vacancies and their
appointment in continuous service was in consultation with PSC.
Even though their appointments were stated to be temporary ... were appointed in 1965. For example, the letter of
appointment of the petitioner No. 1 dated 22.9.1965 states that he
was appointed as temporary
force.
53. Power of appointment in whom to
vest.- (1) The power of appointing, municipal
officers, whether temporary or permanent, whose
minimum monthly salary exclusive ... appointment is considered to be a fresh appointment, it
would not support the complainants case for every such
appointment is then merely on a temporary
appointed in a substantive capacity as distinguished from a
fortuitous appointment or on appointment for a fixed tenure
or on a purely temporary basis against ... appointed in a substantive capacity as
distinguished from a fortuitous appointment or an
appointment for a fixed tenure or on a purely temporary
basis against
Temporary or act hoc or fortuitous appointments etc.
are not appointments in accordance with the Rules and the temporary service
cannot be counted towards ... having been appointed to any service, class or category,
otherwise (hen in accordance with the Rules governing and appointed thereto
is subsequently appointed
first temporary appointment or from such
subsequent date, as the appointing authority
may determine. If the post is one to which
appointment may be made ... temporary list as he was not qualified on the
crucial date but subsequently qualified. The
temporary list shall be adopted for giving
temporary appointments till
