JUDGEMENT
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(1.) HEARD on the question of admission.
(2.) THE petitioner by way of filing writ application questioning the advertisement issued by the respondents for direct recruitment for the post of Pharmacists. Advertisements were issued on 26.11.2011 and 30.12.2011. It was also prayed that recruitment process may kindly be declared illegal and respondents be directed to grant preferential appointment to the petitioners on the post of Pharmacist as advertised by the respondents. The petitioners are working in the various Co-operative Bhandar/Society in the Medical Stores/ DDCs. It was also prayed that respondents may be directed to ensure that the recruitment process initiated and appointments made by them shall not adversely affect the services of the petitioner. The Single Bench has dismissed the writ application. Aggrieved thereby, the intra-Court appeal has been preferred.
We have heard learned counsel appearing on behalf of the appellant at length and gone through the order passed by the Single Bench.
Learned counsel appearing on behalf of the appellants has fairly stated that appellants are not claiming for regularisation. It is also not disputed that the appellants were not appointed after following due procedure of recruitment under the rules. Once they are not claiming that right of regularisation has accrued to them and they were not appointed after following the due process of recruitment, therefore they have no right to question the recruitment process. Such incumbents can always be substituted by regularly recruited incumbents. It is open to the appellants to stake their claim against the advertised posts. In case of requirement whether their services have to be continued, this question has to be considered at the appropriate time by the employer when their services are proposed to be terminated.
We find no ground to interfere in the impugned order passed by the Single Bench dismissing the writ application.
The appeal being devoid of merit, is hereby dismissed. Stay application is also dismissed.
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