CHANDGI RAM Vs. UNIVERSITY OF RAJASTHAN

JUDGEMENT

(1.) Leave granted.

(2.) The appellant has sought for a direction for his continuance in the post of Director, Students' Advisory Bureau and the post of Programme Officer. The case of the appellant is that he has been appointed under Section 3 (3) of the University Teachers and Officers (Selection for Appointment) Act, 1974 initially for a period of three months. The said appointment was extended on 10/2/1997 for a further period of six months. Thereafter on 5/3/1997 he was also appointed on ad hoc basis under Section 3 (3) of the said Act as Programme Officer in the Department of Adult Education for a period of 90 days only. However, on 6/6/1997 the respondent terminated the services of the appellant on the said posts on the ground that his continuance on the same post was contrary to the law and further his period of appointment has already expired. In other words, the submission on behalf of the University is that this appointment was on ad hoc basis which could only be for a short period. The vacancy on the aforesaid post, as per submission for the appellant is since 1995 and till regular appointment is made he should be permitted to work. Submission is, his appointment cannot be said to be illegal as it was made under Section 3 (3) of the said Act. It seems, during pendency of this matter before the High Court, the University authorities initiated proceedings to fill up this post by advertising for its selection. The High Court in appeal in this regard made the following observations:

(3.) We may point out here, the writ petition filed by the appellant, challenging his termination was dismissed, holding that the appointment was made without there being a sanctioned post.