#provisional appointment

CAT Ernakulam rules that employees provisionally appointed and later invalidated must be restored to their original GDS position with all benefits, including pension and service continuity, up to the age of 65. The judgment reinforces that service rendered under provisional appointments cannot be retrospectively nullified, ensuring statutory protection for retired employees.

The Bombay High Court has ruled that after seven years of continuous, unblemished service, an appointment made subject to the outcome of a pending Special Leave Petition can no longer be treated as provisional. Petitioners are now entitled to regularization and must be considered for promotion, irrespective of the unresolved SLP, affirming that prolonged service overrides conditional language in appointment letters.

The Calcutta HC reinstated a compassionate appointment after an ossification test confirmed the petitioner was under 35 at the time of provisional appointment in 2021, despite later medical reports suggesting overage. The court held that a nearly five-year delay in finalizing the appointment, coupled with inconsistent medical assessments, rendered the termination prejudicial and violative of natural justice, setting a precedent for delayed compassionate appointments in government services.

The Bombay High Court has ruled that candidates awaiting verification of their Scheduled Tribe status may be granted provisional appointments as government teachers under the Umadevi doctrine, provided they cooperate fully with the scrutiny committee. This ensures service continuity without prejudicing the outcome of caste certification, protecting constitutional rights to reservation while upholding procedural integrity.