ASLAM MOHIUDDIN Vs. STATE OF J & K

JUDGEMENT

(1.) IN all eight petitioners who were engaged as Lecturers in different subjects for specified duration in Government Degree College (Boys) Anantnag in terms of Government Order No:504/HE dated 15 -12 -1993. have petitioned that the Govt. in exercise of powers vested in it under J & K Civil Services (Classification, Control and Appeal) Rules, 1956 and Jammu and Kashmir Education (Gazetted) Service Recruitment Rules, 1977, appointed them as Lecturers against clear vacancies on probation for a period of two years and in the event of period of probation being completed satisfactorily the petitioners automatically stand confirmed, thereby getting appointed substantially to the posts. The Writ is prayed for treating the petitioners accordingly as confirmed Lecturers followed by consequential relief of having earned graded emoluments and other service benefits.

(2.) AFTER the writ petition was admitted to hearing on 02 -02 -1996, the respondents have filed detailed reply/counter. Respondents have contested petitioners claim of having been appointed against the posts as alleged. It is averred that the petitioners were engaged as Lecturers in the shown disciplines on contractual basis for a period of 60 days or till the end of the academic session on consolidated pay. In the order of taking services of petitioners by respondents (Annexure -A) it is shown that the engagement of petitioners is purely to serve the academic arrangement in the College for the particular academic session. Petitionerâ„¢s engagement is purely on contractual basis on consolidated pay for specified period. They are not appointed or even engaged in a specified post. These posts could be filled up/recruited by the Public Service Commissioner in -accordance with the provisions of rules governing the field of recruitment of candidates in Gazetted Service of the Higher Education Department of the State. The Public Service Commission had done so and the arrangements ordered have automatically come to end with the appointments of Lecturers covered by Government orders of October and November 1994, as referred to in Para 3 under head Ëœpreliminary objectionsâ„¢, of the counter. It is only after a person is appointed under provisions of Jammu and Kashmir Education Gazetted Service Rules. 1977, read with Section 133 of the Jammu and Kashmir Constitution, that the person can be said to be appointed against the substantive vacancy, so as to count his probation of two years, followed by confirmation in terms of procedures envisaged by Jammu and Kashmir Civil Services (Classification, Control and Appeal) Rules, 1956. Petitioners not being members of the service, therefore, the question of their being on the probation followed by subsequent confirmation on conditions and terms of the rules, does not arise.

(3.) COUNSEL for the parties are heard.