UTTAM SINGH Vs. DISTRICT DEVELOPMENT COMMISSIONER, DODA

JUDGEMENT

(1.) Petitioner was appointed on ad hoc basis as a Peon in Goverment High School Sartingal, Bhaderwah and continued so for sometime but thereafter his appointment was not extended. He has filed this petition for issuing direction to the respondents not to discontinue with his service till selection is made by the competent authority.

(2.) Objections have been filed on behalf of the respondents in which it has been stated that the petitioner was never appointed for more than 89 days at a time and as such he has not acquired any right to continue. It has further been pointed out by Head Master Government High School Sartingal in objections filed in COA 121/91 that the petitioner was appointed for a period of 89 days only by the Special Commissioner District Doda on 17.11.1990 which period was extended for another 89 days on 28.1.1991 and again he was reappointed on 16.5.1991 after giving break of five days. It has further been stated that appointment at all the three times was purely on ad hoc basis and as the petitioner did not file any application for his further appointment the District Development Commissioner had appointed Dilip Singh on 22.8.1991 on ad hoc basis for 60 days.

(3.) This court while issuing notice on 23.8.1991 passed interim order directing that in case there was vacancy, petitioner should be allowed to continue and that interim order is still in force. It, however, comes out that before the said order was served upon the Headmaster, respondent No. 2, other incumbent joined for sixty days. In order to sort out the matter, Mr. Sharma learned Government Advocate was asked to inquire whether the aforesaid vacancy still exists in the school at Sartingal. He has produced a telegram sent by the Head Master of that school stating that the post is still vacant from January 6, 1992. Considering this fact and the other aspects of the case, including above referred circumstances,this petition is disposed of at this stage by issuing a direction that the petitioner shall be adjusted against the vacant post as a stop-gap measure till the vacancy is filled up on regular basis in accordance with rules.