KAMAL KARKI Vs. GOVERNMENT OF INDIA
HIGH COURT OF UTTARAKHAND (AT: NAINITAL)
GOVERNMENT OF INDIA
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(1.) This writ petition has been filed to challenge the advertisement issued by the respondent No. 3 on 9th January, 2013 aiming at to undertake selection process for filling up the post of Field Investigators on temporary and on ad hoc basis and also asking for a writ of mandamus directing the respondents not to interfere with the functioning of the petitioners as Field Investigators till the permanent Field Investigators are appointed and pay their salary and other benefits as and when falls due.
(2.) The fact of the case is that the petitioners and each of them were appointed Field Investigators purely on contractual basis for a period of nine months initially commencing from 20th June, 2011 till 31st March, 2012. They were engaged upon being selected pursuant to the advertisement issued in the year 2011. Thereafter, their engagement was extended from time to time and last extension was granted till 31st March, 2013.
(3.) Therefore, the petitioners' engagement was on temporary basis and that too for a limited period. It is not a temporary or casual engagement for unspecified date in order to hold that employee with temporary status. With this status of service, the petitioners challenged the advertisement intending to fill up these 10 out of 13 posts presently held by the petitioners again for a limited period. In the advertisement, it is mentioned that the appointment which would be made after holding selection process, on and from 1st April, 2013. It is thus clear that the period during which the petitioners were to serve were not intended to affect.;
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