NARGIS MIR Vs. STATE

JUDGEMENT

(1.) The appellant came to be appointed on 14th of August, 1997. This was for a period of 60 days or till her services are regularised by the competent authority. Thereafter another order was passed on 8th September, 1997. The appellant was permitted to perform her duties till further orders. Yet another order was passed on 10th October. 1997. For facility of reference that order is reproduced below: - "In continuation to this office order No. DSW CS/97/329 -31 dated 14 -08 -1997 Miss Nargis Mir D/O Gh. Mohi -ud -Din Mir R/O Srinagar. will continue on the post of orderly till regularisation of her services against the said post."

(2.) THE argument raised by the State was that the appellant was appointed by an authority who was not competent to appoint her. This argument found favour with the learned judge. It was urged that once the vacancy was being filled by the competent authority, then the appellant would have no right to continue against the post. This aspect of the matter was then taken note of and the writ petition was dismissed on 12 -05 -1999.

(3.) THE further fact is that when an appeal was prefferred, an interim order was passed on 19 -05 -1999. For facility of reference, this order is reproduced below: - "..... Judgment stayed. Respondents are directed to allow the petitioner to continue as Class -IV employee in the office; of the Falahi Mastoorat, Shalimar, Srinagar and she be paid the salary regularly. In the meantime, the respondents will take steps to regularise her services through proper selection Committee, if that be necessary."