LAWS(ALL)-1989-4-37

RASHMI KUMAR Vs. STATE OF UTTAR PRADESH

Decided On April 12, 1989
RASHMI KUMAR Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) THIS petition filed by Dr. (Smt.) Rashmi Kumar and seven others seeks quashing of the advertisement made by the U. P. Public Service Commission for recruitment of lecturers in various specialities enumerated in the advertisement issued by it in K. G. Medical College, Lucknow.

(2.) THE petitioners alleged that in pursuance of the advertisement made on 25th February, 1984 by the Director of Medical Education and Training, Lucknow, respondent no. 2, the relevant portion of which was as follows :

(3.) AN ad hoc employee, who has been appointed for a particular period or purpose or to meet an exigency, has no right to continue on the post by claiming himself to be permanent. Such an appointment terminates with the happening of the contingency or the expiration of the period or purpose. He has no right to hold it. Such an employee or a government servant is not entitled to a Writ of Mandamus restraining the employer from making a regular appointment or for a Mandamus to the employer to regularise his service. Power to regularise a post held by an ad hoc employee flows from the power of appointment.