ROOP KRISHAN DHAR Vs. STATE OF J&K

JUDGEMENT

(1.) THIS Letters Patent Appeal has arisen out of an order dated 4.9.1999 passed in SWP No. 2299/98, whereby the learned Single Judge has dismissed the writ petition.

(2.) A few facts necessary for disposal of the appeal are that appellant was appointed as Attendant for a period of 89 days or till selection is made by District Level Committee, in the Animal Husbandry Department, by the Deputy Commissioner Kupwara vide his order dated 6.7.1989. This arrangement was extended for another spell of 89 days or till the selection is made, which ever is earlier by the Chief Animal Husbandry Officer. Kupwara vide order dated 16.10.1989.

(3.) THE appellant migrated to Jammu in the month of April, 1990 and he continued to draw his salary on the basis of an affidavit deposing therein that he is a temporary employee of the department. Respondents in the year 1998 came to know that appellant is not a temporary employee but was appointed for a specific period on adhoc basis. This was conveyed by the Director, Animal Husbandry Kashmir, Srinagar to the Financial Commissioner/Secretary to Govt. Agriculture Production, J&K Govt. Jammu vide communication No. 672(F.C.). Appellant challenged this communication by means of writ petition, which has been dismissed.