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In a bunch of appeals, in State of Rajasthan v. Jagdish Narain Chaturvedi (civil appeal no 3620/2009 ) decided on 08/05/2009, the apex court has held that

“in order to become "a member of service" candidate must satisfy four conditions, namely (i) the appointment must be in a substantive capacity; (ii) to a post in the service i.e. in a substantive vacancy; (iii) made according to rules; (iv) within the quota prescribed for the source."

The court further held that

             Ad-hoc appointment is always to a  post  but not  to the cadre/service and is also not made in accordance with the provisions contained in the recruitment rules for regular appointment.--- the position in law as stated

in State of Punjab v. Ishar Singh (2002 (10) SCC 674) and State of Punjab v. Gurdeep Kumar ( 2003 (11) SCC 732) clearly lay down that while reckoning

the required length of service the period of ad hoc service has to be excluded.”


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Category Labour & Service Law, Other Articles by - Swami Sadashiva Brahmendra Sar 



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