PAWAN KUMAR Vs. SAINIK SCHOOL KUNJPURA AND ORS.

JUDGEMENT

(1.) The petitioner was appointed as Assistant Master (Hindi) on contractual/temporary basis w.e.f. 01.11.2014, vide letter No. SSK/1401/Estt, dated 22.10.2014 for a limited period. Thereafter, from time to time after a gap of service of one or two months he was re -appointed on contract basis. The last order was issued w.e.f. 15.01.2016 till 31.03.2016. The respondents issued advertisement for regular recruitment to the post of Assistant Master (Hindi) in the month of July, 2015. For some reasons the recruitment was not completed. Once again in the month of December, 2015, the post of Assistant Master (Hindi) was advertised in which the petitioner also participated by attending interview on 19.02.2016. Before completion of the regular recruitment notified on December, 2015, the respondents issued one more advertisement for appointing Assistant Master (Hindi) on contractual basis on 09.03.2016 and the same was withdrawn on 01.04.2016.

(2.) Learned counsel for the respondents submitted that on 02.04.2016 as per the regular recruitment, advertised in the month of December, 2015 one Sh. Abhinav Pandey was selected and appointed.

(3.) Learned counsel for the petitioner submitted that in order to deny extension of contractual appointment, the respondents have resorted to contractual appointment as well as regular recruitment from July, 2015 to 9th March, 2016. The petitioner was made known that his initial appointment is only for a particular period and it was ad hoc and contractual, therefore, he has no right to question the communication dated 29.02.2016. In judgment rendered in State of Karnataka and others v/s. Umadevi and others, : 2006(4) SCC 1, the Hon'ble Supreme Court has held as under (Para 43 & 45): - -