REKHA RANI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner, who was appointed as Clerk on purely ad hoc basis in District Consumer Disputes Redressal Forum, Mansa (hereinafter referred to as the District Forum) for a period of 89 days by an order dated 9.6.1995. issued by the Food and Supplies Department, Government of Punjab and who was given re-employment with similar status vide orders dated 20.10.1995 and 12.1.1996, has instituted this petition for issuance of a writ to declare that the termination of her service is illegal and she is entitled to be reinstated as Clerk. She has also prayed for issuance of a writ to quash the appointment of the respondent No. 4.

(2.) A perusal of the record shows that the petitioner was given appointment as ad hoc Clerk keeping in view the order passed by the High Court on 20.3.1995 while disposing of Civil Writ Petition No. 5477 of 1994 which was instituted for issuance of a direction to the State Government to appoint staff in all the District Forums to make them functional. It is also clearly borne out from the record that before appointing her in the service, the official respondents did not make selection by advertising the post or by sending requisition to the employment exchange, so as to enable other eligible persons to compete for appointment. Therefore, the only possible view which can be taken regarding the petitioner's appointment is that it was purely fortuitous in nature and no right, much less a vested legal right, accrued in her favour on the basis of ad hoc and fortuitous appointment as Clerk.

(3.) The petitioner has challenged the non-extension of the tenure of her service on the ground of arbitrariness and violation of her fundamental right to equality by contending that the official respondents have done so with an oblique motive to accommodate the person of their choice. She has also assailed the appointment of the respondent No. 4 on the ground that in view of the provisions of the Consumer Protection (Punjab) Rules, 1987, the State Consumer Disputes Redressal Commission (hereinafter referred to as the State Commission) does not have the jurisdiction to appoint staff in the District Forums.