GHULAM MOHD Vs. STATE OF JAMMU AND KASHMIR
LAWS(J&K)-1993-10-12
HIGH COURT OF JAMMU AND KASHMIR
Decided on October 08,1993

GHULAM MOHD Appellant
VERSUS
STATE OF JAMMU AND KASHMIR Respondents





Cited Judgements :-

GULZAR AHMAD VS. STATE [LAWS(J&K)-1998-9-47] [REFERRED]


JUDGEMENT

- (1.)In all these petitions where the petitioners succeeded in procuring orders for their appointments to various posts on stop gap arrangement for specified periods, have approached this Court with the prayer for the issuance of a direction to the respondents to continue them on the posts to which they were appointed till regular selection is made. It has been further prayed that the respondents may further be directed to regularise them on the aforesaid posts. It is submitted that the petitioners possess the minimum requisite qualification for the posts to which they were appointed and the said posts have not been filled up so far. They have claimed to be the best candidates of the area possessing requisite qualifications and being entitled to hold the posts. It is contended that as the respondents have failed to fill the posts by regular selection the petitioners have acquired a right to the posts and the respondents are not entitled to terminate their services after the expiry of the period for which they were appointed. The petitioners have equated their appointments with ad hoc appointments which are stated to be necessary to carry the affairs of the State in emergency and the State Govt. is manifestly obliged to continue such ad hoc appointees uninterruptedly till the selection is made by the competent authority. It is contended that the petitioners are sought to be removed from the posts with oblique motives of adjusting some favourites of the respondents for filling the posts on substantive basis. The contemplated action of the respondents is terminated to be mala fide, illegal, arbitrary, unreasonable and without jurisdiction.
(2.)In the reply filed on behalf of the respondents it is submitted that as no fundamental or legal right of the petitioners has been violated their petitions being misconceived are liable to be dismissed. The respondents have declared to implement the mandate of Articles 14 and 16 of the Constitution of India by making regular appointments after affording equal opportunity to all who are eligible to be appointed to the posts. The appointments of the petitioners are stated to be made purely as stop gap arrangement conferring no right upon them to approach this Court for the grant of relief as prayed. The appointments to any class or service are required to be made by the Government or by an authority empowered in this behalf by Government in accordance with the provisions of the J&K Civil Services (Classification, Control & Appeal) Rules, 1956 and such power has been delegated to the Distt. Committees of which the Distt. Development Commissioner is one of the Members and has got no exclusive right to make appointments. The appointments of the petitioners are alleged to have been made by the authorities who had no power to make such appointments even on stop gap arrangement. The appointment of the petitioners are stated to be regulated by Govt. Orders No. 797 of 1989 dated 26.7.1989, No. 462 of 1990 dated 16.4.1990 and Govt. Order dated 23.5.1991.
(3.)I have heard learned counsel for the parties and perused the record.


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