MUMTAZA AKHTER Vs. STATE

JUDGEMENT

(1.) THIS LPA has been directed against the order dated 28 -09 -2000 passed in SWP No. 989/1998 passed by the learned Single Judge. The appellant was appointed as ANM in the pay scale of Rs. 950 -1500 on adhoc basis for a period of 60 days or till the post is filled up by the competent authority, whichever is earlier, in block DH Pora by Chief Medical Officer, Anantnag, vide his order dated 02 -03 -1998.

(2.) APPELLANT approached the court for seeking regularisation against the said post. Learned Single Judge observing that the appointment of the appellant is dehors Rule 14 of the Jammu and Kashmir Civil Services (Classification, Control and Appeal) Rules, 1956 (hereinafter called Rules of 1956), dismissed the writ petition by an order under appeal. This order has been challenged in the appeal on the ground that the appellant is entitled to seek regularisation in terms of the appointment order and the learned Single Judge has not taken into consideration the qualification of the appellant and the jurisdiction of the appointing authority who was competent to appoint the appellant.

(3.) HEARD learned counsel for the parties, perused the order under appeal and other evidence placed on record.