Compilation Vol 3 Corrected (1-943).pmd - Goa Public Service ...

egularized. Similarly if he is found not eligible nor fit nor suitable though posted in a post within quota
that service cannot be counted. It is not the employees’ fault if the State does not take steps to refer
the question of continuance beyond six months to the P.S.C for years. It is one thing to say that the ad
hoc service of promotee does not count for seniority till regularized after consulting the Service
Commission and another thing to say that it cannot, under any circumstances be regularized in as much
as the consequence of non-consultation with the Commission is not stated in the Regulation 4(d) (ii) of
the P.S.C. Regulations, 1957, and no penal consequences are mentioned, such service within quota
subject to eligibility and suitability cannot be ignored when power is exercised under Rule 23.
Overwhelming authority of this Court to say that ad hoc/stop gap service of promotees can be
regularized :
61. This principle is supported by ample authority. Procedural inaction towards promotees, it has
been held, can be “rectified”. This is explained in the three Judge Bench case in State of West Bengal
v. Aghore Nath Dey, (1993) 3 SCC 371. In that judgment propositions A and B laid down in Direct
Recruit case, (1990) 2 SCC 715 : (AIR 1990 SC 1607 : 1990 Lab IC 1304) were explained by
Verma J. (as he then was). It was pointed out that proposition A where it was held that the ad hoc
service would not count was one where the same was stop gap (i.e. and remained as such). In
proposition B it was said that ad hoc service could count in certain situations such as where there was
only a ‘procedural’ irregularity in making appointments according to Rules. In such a situation, the
irregularity can be subsequently ‘rectified’. In such a case such ad hoc/stop-gap or temporary service
could be counted. Again in Syed Khalid Rizvi’s case (1993 Supp (3) SCC 575), it was held by
Ramaswamy J. speaking for the three Judge Bench that propositions A and B in Direct Recruit case
had to be read with para 13 therein. Similarly, in I.K. Sukhija v. Union of India, (1997) 6 SCC 406 :
(1977 AIR SCW 2684 : AIR 1997 SC 2714), Nanavati J. explained propositions A and B by reference
to Aghore Nath Dey’s (1993) 3 SCC 371 referred to above.
The Andhra Pradesh cases are based on similar rule : Such service can be regularized with
retrospective effect :
Jammu & Kashmir PSC
62. Apart from the general principle of law as stated above, there are rulings of this Court on
almost identical rules which go against the contention raised by the direct recruits. Rules identical to
Rules 15 and 23 of the J & K (CCA) Rules, 1956 have come up for consideration in this Court in
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