MOHD YUNIS Vs. STATE OF J&K

JUDGEMENT

(1.) THIS writ petition has been filed by an employee who was holding the post temporarily. His services have been terminated without issuing a notice to him. His contention is that the order of termination of service is contrary to S. 126 of the Constitution of Jammu and Kashmir State, as no prior notice was issued to him, and, also because the Assistant Registrar could not have terminated his services when he was appointed by the Registrar.

(2.) BOTH these grounds are untenable. To begin with, the provisions of S. 126 of the Constitutions of Jammu and Kashmir State, are not attracted since a temporary employee does not have a right to hold a post. An employee, who does not have a right to hold a post, cannot be said to have been punished merely because his services have been terminated. As for the other ground, even the Assistant Registrar had the power to appoint him. He was thus competent to terminate his services.

(3.) THERE is no force in the writ petition which is dismissed in limine.