- (1.)THE common points of law involved in these petitions are: -
1. Whether the appointments made by the Chairman or any member of a Committee constituted vide Govt. Order No, 462 GR of 1990 dated, 16.4.1990, though on adhoc basis, is required to be regularised and cannot be discontinued later on?

2. Whether temporary appointments made under rule 14 of the Jammu and Kashmir Civil Services (Classification Control and Appeal) Rules, 1956 once made cannot be dis -continued till a proper selection is made?

(2.)HEARD the learned, counsel for the parties appearing in the case.
(3.)IN order to appreciate the rival contention of the parties, some facts pertaining to the appointments of Class -IV employees and other employees and adhoc basis are required to be noticed. In the Circular No. 39 -GD of 1988 dated 19 -7 -1988, it was directed that as the Chief Secretary had observed that various departments had committed irregularities in making appointments of in -eligible candidates, the departments should thereafter process the case for appointment on adhoc basis for obtaining approval of the Honâ„¢ble Chief Minister in Coordination. The Chief Secretary desired not to process such cases in future and put a tola1 stop to all irregular appointments hence forth and once for all. All the Commissioner -cum -Secretaries to the Govt. were requested to furnish the General Department a list of all such cases pending with them for orders of the authorities and maintain strict check in the departments and also to institute action against such officials/officers responsible for committing such irregularities Vide Govt. Order No. 797 Edu. of 1989 dated 26 -7 -1989 issued by Commissioner -cam -Secretary to Govt. Education Department, sanction was accorded to the constitution of Committee of the officers mentioned therein for making recruitment to the posts falling outside the purview of Jammu and Kashmir State ËœService Subordinate Board in Education Department and its allied department. For Jammu Division, the Committee comprised of the Director, School Education, Jammu, as Chairman, Joint Director, Principal ËœHigher Secondary School Palanwalla and Under Secretary Education as members. Vide Govt. Order No, 462 -GR of 1990 dated 16 4 -90, it was provided, "In supersession of all previous order/circulars instructions issued by the Govt. from time to time on the subject, it is hereby ordered that the recruitment to all sanctioned posts falling outside the purview of the State Subordinate Services Recruitment Board including all category Class -IV posts shall hence forth be made by the Appointing Authority on the recommendations of a board constituted in each district consisting of the following : -
1. District Development Commissioner Chairman

2. District Superintending Engineer Member

3 District Education Officer Member

4 District Employment Officer Member Secretary

The jurisdiction of the District Recruitment Boards will extend to all category IV of posts whether they are included in the District, Divisional or State Cadres.