FARIDA BEGUM Vs. STATE OF JAMMU & KASHMIR

JUDGEMENT

(1.) Admitted.

(2.) Time and again, the judicial opinion has been expressed to the effect that the policy of adhocism adopted by the State employer is nothing but the archaic hire and fire policy since demolished by the Constitution and the law of the land. It has been described as a charter for arbitrary preference. It neither serves the cause of the State nor it gives assurance of permanency to a person who is so appointed. Keeping the sword of damocles hanging over such appointee is not conducive to the public service and it has to be avoided. Notwithstanding the above position, adhoc appointments came to be made by the Chief Education Officer. The orders to this effect came to be passed on 27th May 99. When these appointments came to the notice of the State Government, it rose to the occasion and passed an order whereby the orders passed by the Chief Education Officer, Rajouri, by which the appointments were made to the post of Laboratory Assistants were ordered to be kept in abeyance. This orders passed on 13th March 2000, and 17th May, 2000 are the subject matter of challenge in this petition.

(3.) The State has taken a plea that the appointments which were made by the Chief Education Officer were made in breach of Rule 14 of the Jammu and Kashmir Civil Services Classification, Control and Appeal Rules, 1956. It is urged that the prior approval of the Chief Minister was not obtained, and therefore, these appointments were ordered to be held in abeyance. Two Government orders issued in this regard are of 13th March, 2000 and 17th May, 2000.