AIJAZ HUSSAIN ZARGAR Vs. STATE OF J&K

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 Officer's 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 the respondent No. 3. The appellant in his petition stated that 'respondent' are now trying to discontinue 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.) AT the time of final hearing of the petition, it was pointed out to the writ court that the competent authority was to fill up the post and not the CMO. The contention that the petitioner was to continue till the post filled as per rules has been rejected by the court. Learned Judge has pointed out that while issuing notice to the respondents, petitioner was allowed to continue till the next date of hearing and thereafter by subsequent orders passed by the court, the petitioner continued in service. Thus the petitioner continued in service not under the orders of the Chief Medical Officer, but on the strength of the court orders.