SANG DAKPA Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) Whether the service of a person, who is appointed in any government department on adhoc basis and de hors the recruitment rules can be terminated to appoint a person selected following due recruitment process is the moot question, which this writ petition has raised.

(2.) By making this application under Article 226 of the Constitution of India, the petitioner has approached this Court seeking issuance of appropriate writ/writs commanding the respondents to regularize the petitioner's service against the post of Tourist Information Assistant at Tawang under the Directorate of Tourism, Govt. of Arunachal Pradesh.

(3.) In a nutshell, the case of the petitioner may be described as follows: The petitioner, who was eligible for appintment to the vacant post of Tourist Information Assistant in the Directorate of Tourism, Govt. of Arunachal Pradesh, applied for the post on coming to know about the existence of such a vacancy and following an interview, the petitioner was, on 17.07.96, appointed on ad hoc basis as Tourist Information Assistant in the Directorate of Tourism, Govt. of Arunachal Pradesh, and posted at Tawang. While the petitioner was so serving, the petitioner under mistaken advice of the officials of the office of respondent No. 2, namely Director of Tourism, Govt. of Arunachal Pradesh, Itanagar, applied for regular appointment in pursuance of an advertisement, dated 04.09.97, published in this regard. The petitioner was not really required to appear in such selection process. In fact, the petitioner had already made representation, dated 20.08.97, addressed to the Secretary, Tourism, Govt. of Arunachal Pradesh, seeking reguarisation of his service. The petitioner has not been served with any notice of termination and his service cannot be terminated without giving him notice of termination.