MIR KHALID YASEEN Vs. STATE

JUDGEMENT

(1.) PETITIONER came to be engaged as Typist for a period of 89 days by order dated 28.5.1999 which may be noticed. "In pursuance of the orders given by the Honble Minister for Science and Technology, J&K Govt. vide his No. PS/M/Inf/188/99 dated 9.4.1999, Sh. Khalid Yaseen Mir S/o Mohd.Yaseen Mir R/o Khayam Chowk, Srinagar, who is type -knowing with educational qualification of BSc 2nd year is hereby temporarily engaged as a typist in his office in the pay scale of Rs.3050 -4590 for a period of 89 days w.e.f. 28 -5 -1999 in the interest of smooth functioning of this office. The pay of the official shall be drawn against the post of Sr.Stenographer which has fallen vacant in this office following the transfer of Sh.Jagdish Chander PA to Director."

(2.) THE term of 89 stipulated by the order was extended from time to time. By medium of this writ petition, indulgence of the court is sought to allow him to function till the post of Typist is filled up on regular and substantive basis through a process of selection. How far petitioner can succeed in his claim needs to be appreciated in the face of the basic order of engagement. The order pressed into service reproduced hereinabove reveals that there was absolutely no post of typist available, that is what made the issuing authority to allow the salary to the petitioner against the post of a Senior Stenographer. It goes without saying that appointment against a post, be it substantive or ad hoc, presupposes availability of a vacancy. Question of filling up of the post of Typist would only arise if post of typist is available but fact of the matter is that post is not available, therefore, no question arises to fill it up. Obviously, the relief claimed through this writ petition cannot be conceived of.

(3.) NOW a word about the fate of second petition SWP 256/02 questioning order No. 195 -GAD of 2002 dated 30.1.2002 which reads: "Shri G.L.Bhat, Junior Stenographer of the office of Advocate General is hereby transferred and posted in JAKEDA. He shall work in his own pay and grade and retain lien in his parent Department viz.office of Advocate General. By order of the Government of Jammu & Kashmir."