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
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
confers normally on
the servant so appointed a substantive right to the
post
Likewise an appointment to a temporary post in
Government service ... speak of any
substantive appointment whatsoever but equates the officers
appointed to PMS I on permanent or temporary basis prior to
merger. In other words
basis. Prior to their appointment as Assistant
Engineers, respondents Nos. 1 & 2 had been appointed as
Temporary Engineers on ad-hoc basis de hors ... appointment as Temporary
Engineer, as the case may be:
(b) in the case of a Temporary Engineer from
the date of his appointment as such
Tutors / Demonstrators and Assistant Professors from the date of the first temporary appointment. Clause 4 of the said order states that for the purpose ... herein has been appointed in the category of physically handicapped person. The appointment order also states that he has been appointed in the said category
