RENNKASHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Petitioner is a lecturer in the department of Sociology, Government Women's College, Gardanibagh, having been appointed temporarily until further orders at the rate of Rs. 25/- per lecture, subject to maximum of Rs, 1250/-.

(2.) This is an application under Articles 226 and 227 of the Constitution of India, filed by the petitioner for a direction to the respondents to regularise her against the post in question, as she has been working continuously since 5-9-1989 as also possesses requisite qualifications. In the alternative, prayer is for quashing advertisement No. 9 of 1993, issued by respondent No. 4, inviting applications for appointment against different posts of Lecturers, including the post in question.

(3.) It appears from the stand of the respondents, in their counter affidavit, prior to appointment of the petitioner, neither the approval of the Commission was obtained nor other prescribed procedures in making such appointments, were followed. The nature of appointment, as it appears from Annexure 1, which is a letter of appointment, is purely temporary with a condition that it can be terminated without any notice. In that view of the matter, although the petitioner possessed requisite qualifications as also has acquired sufficient experience and working contineously for more than three years, it is difficult for us to issue a writ, commanding the respondents to regularise her against the post in question, The petitioner has claimed that her representations are pending before the appropriate authority of the State Government, therefore, it is always open to the State authorities to consider her case in accordance with law.