GH AHMAD DAR Vs. STATE

JUDGEMENT

(1.) THE petitioners came on the establishment of the Education Department for a specific spell of 89 days against class IV posts of Gasman and Laboratory Bearer respectively by order of the Deputy Commissioner Budgam. In an attempt to fortify the action of the Deputy Commissioner, the Principal Govt. Higher Secondary School Khanda, Budgam prepared their service Books. The illegality did not end here but it was perpetuated by promoting the petitioners to the posts of laboratory Assistants. The action being quite contrary to law, Mr. Masood Samoon, the Director Education refused to be a party to it and rescinded the order relegating the petitioners to the adhoc assignment vide his order No. DSEK/1103 of 2001 dated 28/06/2001.This order is called in question by medium of this writ petition.

(2.) TO appreciated the controversy in its right perspective it needs to be reiterated that admitted position is that the petitioners have entered the Department for a specific spell under the orders of the Deputy Commissioner and have continued on adhoc basis. The rule position is that the Deputy Commissioner is not the appointing authority for class IV posts of Education Department, therefore, the order of appointment of the petitioners is liable to be quashed but what bales them out is that while rescinding their order of promotion, the Director has not only allowed their ad hoc appointment to go undisturbed but has impliedly maintained it. That apart, the petitioners have been allowed to work by the principal, who has also paid them, that too regularly. These are the events which have persuaded me to keep ad hoc appointment of the petitioners as Gasman and Laboratory Bearer intact till these posts are filled up on substantive basis in accordance with the rules considering all eligible candidates including the petitioners subject to their eligibility.

(3.) HAVING allowed the ad hoc appointment of the petitioners to go uninterfered with, does any right accrue to them for promotion to the next higher post. The fate of the proposition shall depend on the answer to a question which may be summarized: Whether an ad hoc appointee can be considered for promotion. 