MANMOHAN BRAMTA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner Sh. Manmohan Bramta was appointed as Lecturer in the Department of Oral and Maxillofacial Surgery (hereinafter referred to as O & M Surgery), vide notification dated 3.1.2009 (Annexure R-4/2) for a period of six months or till such time the post was filled up on regular basis. His appointment was purely on temporary basis. This arrangement was continued for a further period of six months each, vide communications dated 4.1.2012 and 7.7.2012. At the time when petitioner was appointed as a Lecturer, Government of Himachal Pradesh, in exercise of their powers conferred by virtue of proviso to Article 309 of the Constitution of India had framed Rules, which stood notified on 21.12.2006 (Annexure R-4/1), known as the "Himachal Pradesh Medical Education (Dental) Services Rules, 2006 (hereinafter referred to as the Rules). The appointment in the service was to be made in accordance with the Rules.

(2.) The method of recruitment to the post of Lecturers, which were 16 in number, as per Annexure-1 appended to the said Rules is as follows:--

(3.) Rule 11-A/ which is an exception, lays down the procedure for selection/appointment to the said post on contract basis for a period of one year extendable on year to year basis. However these contract employees had no right to claim for regularization or permanent absorption in the Government.