Summary
An ad hoc lecturer appointed to a leave vacancy had no right to conversion into a substantive appointee when the incumbent died. The resulting substantive vacancy required lawful recruitment, and lengthy continuance under interim orders did not cure the absence of approval or prescribed procedure. To prevent disruption, the Court permitted temporary continuance and salary for work until a regular candidate was appointed, while directing prompt recruitment.
Issues
- Whether appointment to a short-term leave vacancy conferred a right to substantive appointment after the incumbent’s death.
- Whether temporary continuance and payment pending regular recruitment were warranted.
Held
- Death of the incumbent ended the leave vacancy; the substantive vacancy had to be filled according to law. The ad hoc appointee had no entitlement to automatic conversion, and his purported substantive appointment lacked approval and prescribed procedure. (¶ 14–15)
- Continued service under interim orders did not establish a regular appointment. Case-specific temporary protection was nevertheless appropriate to avoid disruption of teaching while regular recruitment was completed. (¶ 15–16)
- The management remained free to pursue its representation, to be considered according to law and the principles stated in the judgment. (¶ 17)
Result
Appeal disposed of. Steps to fill the post regularly directed within four months of certified-copy receipt. Lecturer permitted to continue purely ad hoc until a regular candidate was selected, with salary for work until regular appointment under Article 142. Management’s representation left for lawful consideration. Pending applications disposed of; no costs.