THOMAS MASIH Vs. STATE OF JAMMU AND KASHMIR

JUDGEMENT

(1.) The practice of appointing persons on ad hoc basis on posts ranging from Class IV to Gazetted nomenclature and the evil of continuing these arrangements either with or without formal extensions dehors the Rules, beyond the prescribed period of nine months and/or against the terms of initial orders of such appointment, seems to have been followed unabatedly by the Government and its various functionaries since long. It appears that there was a ban imposed by the Government on such appointments for some period with effect from 29th December, 1988 to 28th July, 1989. However, record reveals that even during the period of ban various functionaries of the Government made ad-hoc appointments.

(2.) Ultimately, in terms of Government order No.1220-GAD of 1989 dated 11th September, 1989, it was ordered that all ad hoc appointees to non-gazetted posts recruited from time to time till 29th December, 1988 and who were continuing as on the date of issue of the aforesaid Government order, i.e., 11th September, 1989, be treated to have been appointed on regular basis on probation or trial, as the case may be, with effect from the date of issue of the Government order, dispensing with reference of posts held by them to the Service Selection Board or the District Level Committees in the case of Class IV posts. In respect of those of the appointees who had been appointed during the period of ban, it was ordered that their cases should be submitted to the Chief Minister through General Administration Department for orders. However, in respect of Gazettes Officers, it was ordered that these posts should immediately be referred to the Public Service Commission for selection. The Government order also envisaged relaxation of qualification and age bars. It may be relevant to notice here that appointment on ad hoc basis to Government service is permitted by Rule 14 of the Jammu and Kashmir Civil Service (Classification, Control and Appeal) Rules, 1956 (hereinafter referred to as the Classification, Control and Appeal Rules, 1956).

(3.) This Rule was amended on 28th July, 1989 by the Government in terms of SRO 291 reference to which shall be made at appropriate place in this judgment. It would be suffice to mention here that the aforesaid Rule though permits appointment on ad-hoc basis but unambiguously bars continuation of such arrangements beyond the total period of nine months. Record reveals that after 28th July, 1989, the Government and its various functionaries have made further ad-hoc appointments.