VALUE OF APPOINTMENT IN SERVICE
What is Appointment?
The appointment means the selection of an employee for a particular post in a particular department/office. The appointment is generally made by issuing a letter of appointment indicating the terms of the appointment and requesting the candidate to signify his acceptance of the same. Appointment letter is the base of every selection/job either in the government sector or the private sector. So every employee has to possess the appointment letter very carefully till the end of his service. Because everything is depending upon appointment for example How his selected?, When he selected? The seniority of an employee is compared with the other employee from his appointment.
Appointment in Government Service-
A Candidate does not have any legal right to be appointed. He has only a right to be considered, therefore. Appointment in public service may be by direct recruitment or by promotion or by transfer or by reputation. The Compassionate appointment is not a source of recruitment and when such an appointment is given under a scheme, the employer may wind up or modify the scheme at any time, depending on the policies, financial capacity, and availability of posts.
Vacancies which exist on accounts of some selected candidates not joining need not perforce be filed up from the merit list i.e the waitlisted candidates and would depend on the statutory provisions governing the field. But appointment to a particular post is no longer required the applicants cannot insist for such appointments if there was no mala fide in refusing such appointment. However, the Court directed that in the event recruitments are made at a later date the applicants/respondents were given liberty to apply for regular recruitment and age would be no bar in the peculiar facts and circumstances of the case. But a bona fide decision not to fill up some vacancies cannot be assailed where statutory provisions.
Appointment by Incompetent Authority-
When the appointment was made by an authority which was not competent to make such an appointment, it would be invalid and not held validated after ratification by the competent authority. If the initial order is a nullity, its purported approval by the competent authority would not cure the defect.
Appointment for Specific time or Period or Tenure –
In service, the length of service period denotes by word “tenure”. Tenure means a term during which an office is held. Once a candidate is appointed to a tenure post, his appointment to the said office begins when he joins and it comes to an end on the completion of the tenure unless curtailed on justifiable grounds.
For example – Where an employee, who is appointed on the tenure of 2 or 3 years and his service is subject to a statutory condition that he will hold office during the pleasure of the state government. Such a person does not superannuate, he only goes out of the office on completion of tenure. The Appointment order gave a clear tenure to the appellant. The holder of a tenure post will cease to be in service on the expiry of the tenure.
The appointment will be effective only on communication. Appointment order must be followed in stipulated period i.e. within 15 days or 30 days. If joining is not completed within period appointment is an automatic cancel. This is a legal obligation on a selected candidate to verify from the employer regarding the request for extension of joining time, on the failure of which, the employer would be justified in rejecting the request of the respondent to grant him further time to join and deny him the benefit of his selection.