Decided on March 03,1993

Ashak Hussain Appellant
STATE OF J AND K Respondents

Referred Judgements :-



- (1.)The petitioner was appointed on 17.3.1992 as a Safaiwallah, Govt. Girls High School Thathri for a period of sixty days purely a stop-gap arrangement or till selection was made by the competent authority, whichever was earlier. He joined the service immediately thereafter. Consequently he was allowed to work on that post as a stop-gap measure vide various orders. The last order is dated September 3, 1992 whereby the petitioner was allowed to continue for a further period of 89 days or till the selection was made by the competent authority whichever was earlier, with one-day break. Thereafter no orders have been passed for extension of the period of the employment of the petitioner. The petitioner filed the present writ petition on 7.9.1992 wherein it was prayed inter alia that a writ of mandamus be issued commanding the respondents No. 2 and 3 to allow the petitioner to continue as a class IV employee in the office of the respondents till the post is filled substantively and he be considered for the same along with other eligible candidates.
(2.)A notice was issued to the respondents. They have appeared and put in their objections wherein it has been pleaded that the petitioner was appointed only as a stop-gap measure. He was not appointed as a result of any selection. Appointment to the post are to be made on the recommendation of the J&K Service Selection Recruitment Board, having statutory existence. In this case the Board had not selected the petitioner. He has been appointed only on the recommendations of the District Development Officer, who happens to be the chairman of the aforementioned Board. In any case the appointment of the petitioner has not been made on regular basis.
(3.)In order to succeed in a writ of mandamus, the petitioner has to establish a legal right in him and the corresponding legal obligation in the authority to grant the relief claimed. In the present case the petitioner served for 8/9 months in stop-gap arrangement. He was not selected by the Statutory Selection Board. By serving for 8/9 months, the petitioner has not acquired any right to continue on the post. Learned counsel for the petitioner has not been able to refer me to any statutory Rule in support of his plea that after working on a post for more than eight months, the incumbent gets a right to be regularised thereon. This submission runs counter to the ratio of the judgment of Apex Court in State of Haryana v. Piara Singh and others, 1992 AIR(SC) 2130 The writ petition has no merit and is dismissed as such. However, if anything is due to the petitioner, a pay or allowance for having worked in the school, the respondents shall pay the same within two months.
Order accordingly.

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