VidhiSangh

Supreme Court of India · 08/07/2019

RAMAN SINGH versus THE DISTRICT INSPECTOR OF SCHOOLS, JALAUN AT ORAI & ORS.

[2019] 9 S.C.R. 273 · 2019 INSC 730

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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

  1. Whether appointment to a short-term leave vacancy conferred a right to substantive appointment after the incumbent’s death.
  2. Whether temporary continuance and payment pending regular recruitment were warranted.

Held

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.

Judgment PDF: Supreme Court of India, [2019] 9 S.C.R. 273.