MANJEET SINGH Vs. STATE

JUDGEMENT

(1.) PETITIONER has been appointed as Junior Engineer Grade -II in Mechanical Engineering Department on ad hoc basis for a period of 89 days vide Govt. Order No. 901 -GAD of 2001 dated 7.8.2001. Appointment of the petitioner has been continued by another 89 days vide Government Order No. 302 of 2002 dated 13.2.2002. Vide Govt. Order No. 130/GAD of 2002 dated 2.8.2002, petitioner was again appointed for 89 days. The ad hoc has no right to seek continuation or regularization as the appointment is required to be considered in terms of Rule 4 of J&K Classification, Control and Appeal Rules, 1956.

(2.) DEALING with this proposition of law, this Court has in a batch of writ petition decided on 10.10.2002 held as under: -

(3.) THE State has framed the Rules for selection of suitable candidates on the basis of merit, efficiency and other relevant considerations for appointment to public posts. The Committees/Boards constituted for the purpose comprise of persons having specialization to selection suitable candidates in different fields of the Administration. A public post is required to be filled up by suitable candidate on the recommendation of the Service Selection Board or the Selection Committees which are in existence. However, some times the employer feels the necessity of making a vacant post functional in public interest in a situation where the post cannot be filled up substantively due to certain reasons. To meet such an exigency Rule 14 has been incorporated in the Jammu and Kashmir Services (Classification, Control and Appeal) Rules, 1956 (hereinafter for short CCA Rules, 1956) which is quoted below: -