Service Law Matter
Ajit
(Querist) 01 October 2010
This query is : Resolved
A sub Inspector of Punjab Police was promoted to the rank of inspector of police on adhoc basis with all finacial benefit in his parent department without any outstanding performance.DGP Punjab admitted in writing that under Punjab Police Rule 1934 that there is no provision of adhoc rank.There are 463 sub inspector senior to him.He was not on deputation on any department.On 30-09-2010 he retired in capacity of adhoc but he will be given pension in the rank of Sub Inspector.Whether this act is illegal and if YES under what rules.
R.Ramachandran
(Expert) 01 October 2010
Dear Ajit,
No where in the Rules, there is provision for Adhoc rank.
But Adhoc rank is resorted to by the Government departments whenever the recruitment rules are under preparation, or when there is urgent necessity to fill up the promotional posts urgently on a temporary basis. The Adhoc promotion does not confer any right on the employee promoted in the higher post or seniority in the higher post.
Whenever such adhoc promotions are to be given, generally all the eligible officers have to be considered according to the number of posts required to be filled up on adhoc basis. The consideration zone will depend upon such requirements.
But though you call it adhoc appointment, I with my service background, strongly feel that it is a chance to officiate in the higher post. Adhoc promotion and officiating chance are entirely different concepts. While for making adhoc promotion, the eligible officers have to be considered on the basis of their seniority across the entire department, the appointment of any person on purely officiating basis is generally confined to a particular office i.e. the officers in a particular office (not department as a whole) alone will be considered. It is a usual practice and there is nothing illegal about it. Yes, when any person is given the officiating chance, he will definitely draw higher salary applicable to the post in which is officiating and that would definitely count for his pensionary benefits. But such fortituous promotions given to any person or persons would not entitle others to similar benefits.
That is why, whenever a senior person is promoted on a regular basis, and if his junior is drawing higher pay mainly on account of officiating chances enjoyed by him, the senior's pay is always stepped up on par with that of his junior. In other words, if the senior is not regularly promoted, the question of his claiming pay equal to that of his junior who had the benefit of officiating and consequently drawing higher pay than the senior, would not arise.
I hope this clarifies the position.
