PARVEZ AHMAD LONE Vs. STATE OF J&K

JUDGEMENT

(1.) WE have heard Mr. M.A. Qayoom, learned counsel for the appellant as well as Mr. M.I. Qadri, Sr. AAG learned counsel for the respondents.

(2.) THE appellant being aggrieved by an order dated: 06 -04 -1998 passed by the learned Single Judge in SWP No. 418/97 filed this appeal. Appellant was appointed on 07 -08 -1997 in terms of the order No.29992 -93 dated: 07 -08 - 1997. The order reads: -

(3.) A bare perusal of the impugned order, it would clearly appear that there was no post of Junior Assistant and the appellant has been appointed as Jr. Assistant till his post is created but the appellant has been adjusted against the post of Lady Health Visitor (LHV) till the post of Jr. Assistant becomes available in the Department. In a service jurisprudence, the appointment is always made against the available vacancy. Such an arrangement is unknown to law and depicts classic example as to how the authority possessing public power abuses their own power. It is a sheer case of abuse of the power. Such practice is to be condemned and deprecated by all concerned and such an order has been passed at the cost of public exchequer, which is clearly against the public interest. In that view of matter the learned Single Judge has rightly dismissed the writ petition praying for regularisation or continuation on the post.