Employees Appointed On Ad Hoc Basis, Not Entitled To Salary Attached To A Post, Unless Appointed In A Substantive Capacity: Patna High Court

A division bench of the Patna High Court comprising of Justice P. B. Bajanthri and Justice Arun Kumar Jha, while deciding Letters Patent Appeals in the case of Ganesh Mahto vs The State of Bihar, held that employees are not entitled to salary attached to the post for which they are appointed on Ad hoc basis, unless and until they were occupying the post in a substantive capacity.

Background Facts

The Respondents employees joined service of state (Appellant) as daily wagers. Due to non-regularization of their services, they approached the Patna High Court but during pendency of the litigation, state regularized the services of the respondents in June, 2014. Now respondents filed a LPA claiming retrospective regularization from the month of November, 2006 i.e. at par with their juniors whose services were regularized in the month of November, 2006. They also claimed difference of salary during the intervening period from 2006 to June, 2014. The Learned Single Judge allowed the relief sought by the respondents-employees to the extent that they were entitled to arrears of salary during the un-regularized period and the minimum pay scale attached to the post.

Aggrieved by the same, the appellant state, filed the aforesaid Letters Patent Appeals, challenging the impugned order passed by learned single judge.

Findings of the Court

The court observed that in the absence of challenge to the regularization order issued in the year 2014 to 2015 and seeking regularization with effect from November, 2006 and in the event respondents were entitled to regularization from November, 2006, the respondents were not entitled to salary attached to the post during the intervention period or the date on which their services were regularized, therefore learned Single Judge committed error in granting relief to the respondents insofar as arrears of salary during the intervention period and it was not permissible under law.

The court further observed that employees were not entitled to salary attached to the post for which they were appointed on Ad hoc basis, unless and until they were occupying the post in a substantive capacity.

The court held that the appellant-State made out a prima facie case so as to interfere with the orders of the learned Single Judge. The court disagreed with the view taken by the learned Single Judge in the order and accordingly set it aside.

With the aforesaid observations, the Letters Patent Appeals were allowed.

Case No. : L.P.A. Nos. 185 of 2018 & 1792 of 2018

Case Name: Ganesh Mahto vs The State of Bihar

In L.P.A. No. 185 of 2018

For the Appellant/s : Mr. Vishambhar Prasad AC to AAG- 5; Mr. Alok Ranjan, AC to AAG-5

For the Respondent/s : Mr. Gayanendra Roy, Advocate

In L.P.A. No. 1792 of 2018

For the Appellant/s : Mr. Vishwambhar Prasad Ac To Aag 5

For the Respondent/s : Mr. Gayanendra Roy, Advocate

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