STATE OF J&K Vs. AIJAZ HUSSAIN ZARGER

JUDGEMENT

(1.) PETITIONER being aggrieved by an order dated 28.05.2002 made by learned single Judge in SWP No. 130 -A/1998, whereby writ petition has been dismissed, has filed this appeal.

(2.) THE appellant who was petitioner before the learned single judge, was appointed as Junior Assistant on adhoc basis for a period of 89 days or till the post is filled up by the competent authority, whichever is earlier, at Rs. 950/ - plus allowances as admissible under rules against the available vacancy of Junior Assistant in the Chief Medical Officers office Anantnag. The order is signed by Chief Medical Officer (CMO) on 18.11.1997. Before completion of 89 days, the petitioner filed the writ petition before the court inter -alia stating that he was appointed/engaged as Junior Assistant on adhoc basis for a period of 89 days or till the post is filled up by the competent authority against available vacancy in the office of respondent No. 8. The appellant in his petition stated that "respondents are now trying to descontinue the petitioner from the present arrangement and as such he has every apprehension that he would be thrown out of service at any time" and prayed for direction to continue the appellant till the post is filled in.

(3.) EVEN in the memo of appeal, similar contention is raised. It is required to be noted that neither in the memo of appeal nor in the writ petition, it is stated clearly that, that appointment was not to continue even before 89th day when regular appointment is made, or the appointment was on adhoc basis for 89 days only and would come to an end by efflux of time. It is also not stated that in either events of selection before 89th day or on expiry of 89th day, whichever event occurs first, the petitioners services shall dis -continue. However, it is clear from the record that the petitioner/appellant herein continued in service on the strength of the court orders.