SMT. SIYA DEVI Vs. UNION OF INDIA, NEW DELHI & ORS.
LAWS(JHAR)-2006-7-164
HIGH COURT OF JHARKHAND
Decided on July 03,2006

SMT. SIYA DEVI Appellant
VERSUS
UNION OF INDIA, NEW DELHI And ORS. Respondents

JUDGEMENT

S.J. Mukhopadhaya, J. - (1.) This writ petition has been preferred by petitioner for direction on the respondents to confirm her on the post of 'Aya'. According to the respondents, the petitioner was appointed as Aya on compassionate ground purely on temporary basis in the Maternity Centre of 100 Bn. B.S.F. at Dantlwada (Gujarat) at a consolidated pay of Rs. 200/- p.m. with effect from 15.7.1981. Subsequently, she was transferred to 15 Bn B.S.F. (incoming unit) during the annual change over. Later on she was appointed as Aya in 47 Bn B.S.F. purely on temporary basis for a period of 89 days with effect from 23.3.1993 to 19.6.1993. Thereafter her service was placed under B.S.F. Hospital, TC & S B.S.F., Hazaribagh and she was granted sale of Rs. 500-650/- against the posts created under a scheme vide order dated 30th June/2nd July, 1993. It is submitted that the appointment of the petitioner having been made against a temporary post created under the scheme it is not possible to confirm her against such post.
(2.) In view of aforesaid stand taken by respondents no relief can be granted to petitioner, as sought for, for the present, the interim order passed on 1.4.2005 is vacated. However, his order shall not stand on the way of respondents to post the petitioner against a permanent post and to confir m her taking into consideration long period of service rendered by her. The writ petition stands disposed of with aforesaid observations.
(3.) The writ petition stands disposed of. Petition disposed of. ;


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