Adhoc service cannot be counted for seniority: Himachal HC
The Himachal Pradesh HC on Friday dismissed an appeal by a promoted DSP for counting their service as officiating DSPs for the purpose of seniority and upheld the decision of the single Bench which had disallowed the plea.
Shimla: The Himachal Pradesh High Court
on Friday dismissed an appeal by a promoted Deputy Superintendents
of Police (DSP) for counting their service as officiating DSPs
for the purpose of seniority and upheld the decision of the
single Bench which had disallowed the plea.
A Division Bench comprising Chief Justice Kurian Joseph
and Justice Kuldip Singh said the "Departmental Promotion
Committee only assesses the merit of candidates and unless and
until the appointing authority accepts the recommendation of
the DPC and issues order of appointment, the persons
recommended by the DPC do not get any right of seniority based
on that recommendation".
The court further held promotees have not been appointed
under the rules with effect from the date of officiating/
adhoc service and said "the seniority has to be counted based
on the date of appointment and that the adhoc service followed
by regular appointment can be counted for seniority only when
the same is regularized".
The promoted DSP had challenged the order of the single
Bench in a writ petition filed by directly recruited DSPs,
recruited under HP Police Service Rules, 1973, challenging the
seniority list in which the state had taken a stand that the
adhoc/ officiating service should be counted for seniority.
The single Bench of Justice V.K. Sharma had held that the
adhoc/temporary/officiating service as DSP shall not be
counted for the purpose of seniority.
The adhoc appointees were given regular appointment
through HPPSC in July 2000 after the directly recruited DSPs
had started probation.
Though they had officiating service, the promotee DSPs
were appointed as per rules after undergoing the process of
selection under Rule 7 only from July 26, 2000.