LAWS(APH)-2001-4-161

H ABDUL AZEEM Vs. DISTRICT JUDGE KURNOOL

Decided On April 18, 2001
H Abdul Azeem Appellant
V/S
District Judge Kurnool Respondents

JUDGEMENT

(1.) The petitioner who is presently working in the unit of the District and Sessions Judge, Kurnool as Steno-typist purely on temporary and ad hoc basis has filed this writ petition assailing the notification in Dis. No. 5218/Estt-RC/2000 dated 5.9.2000 issued by the District and Sessions Judge calling for applications for appointment to the post of Steno-typist in A.P. Judicial Ministerial Service on temporary basis in the unit of the District and Sessions Judge, Kurnool to fill up the following six posts :- --------------------------------------------------------------------- Sl.No. Name of the No. of Reservation Scale post/Category Vacancies to the cate- of gory pay ---------------------------------------------------------------------- 1. Steno-typist 6 OC (G) 2 3290-6550 SC (W) 1 OC (W) 1 ST (G) 1 SC (G) 1 ------------------------------------------------------------------------

(2.) It cannot be gain said that a careful reading of the appointment order makes it abundantly clear that the petitioner's appointment was not against any post reserved for OC (G) candidates and his appointment was purely on temporary and ad hoc basis and against the vacancy meant for other classes. Added to this, note-3 of the appoint order makes it very clear that the appointment of the petitioner is purely on temporary and on ad hoc basis till the posts are filled up on regular basis, thereby meaning that in accordance with the Roster points after notifying the vacancies.

(3.) No doubt in the impugned notification two posts meant for OC (G) were also said to be filled up. Undoubtedly being a citizen of the country, the petitioner has a right to apply and to be considered by virtue of Article 16 of the constitution of India along with other candidates, but he cannot have any preference solely on the ground that under the appointment order dated 31.1.1998 he was appointed purely on temporary and Ad hoc basis by the District and Sessions Judge.