RAM PAL SHARMA Vs. STATE OF J&K

JUDGEMENT

(1.) THERE is deficiency of Lecturers in various disciplines in Government Colleges. During the year 1999 -2000, 2000 -2001, 2001 -2002, 2002 -2003 and 2003 -2004 contractual appointments with the approval of the Administrative Department of the Government of Jammu and Kashmir were being made. Under the said arrangement, the petitioners in the present writ petition were also appointed on contract basis for the academic sessions ending on 31 -3 -2004 at the consolidated salary of Rs. 8000/ - P.M. The contract of the petitioners has already expired and thereafter, they are not continuing in service under the said arrangement. The petitioners have filed the present writ petition seeking direction to the respondents for the following relief: -

(2.) THE writ petition of the petitioners was entertained on 8 -4 -20004 and a direction to the following effect was issued: - Meanwhile, till further orders, it is ordered that if the respondents do not require the services of petitioners, they shall be at liberty to dispense with their services. However, petitioners shall not be replaced by another adhoc arrangement.  Aggrieved by the interim direction passed by this court, the Respondents 1 to 3 and 8 who are State of Jammu and Kashmir, through Chief Secretary, Government of J&K, Civil Sectt., Jammu, Commissioner -cum -Secretary to Govt., Higher Education Department, Govt. of J&K, Civil Sectt., Jammu. Director Colleges, Jammu and Principal, Govt. Degree College, Doda, have filed an application seeking vacation of the interim directions issued by this Court. It has been contended by these applicants that the engagement of the petitioners was not on ad hoc basis but was made for the academic year 2003 -2004. It is a practice that in Higher Education Department that Principal GGM Science College, who happens to be the Nodel Officer, prepares the panel every year from amongst the eligible candidates on the basis of merit and keeping in view the requirements of different colleges falling in Winter Zone and Summer Zone respectively and such candidates, strictly in order of merit, are engaged on contract basis for the academic session. After completion of the session, their services are brought to an end and no right accrues to them. In the affidavits given by the petitioners for appointment on contractual basis, it has been agreed by them that after the expiry of the statutory period of engagement, they shall not ask for extension of engagement as a matter of right nor shall claim for permanent adjustment in the Higher Education Department on account of the contractual engagement.

(3.) IT has also been submitted by respondents that College of Respondent No.8 is situated in Winter Zone where the admissions are already over and the session has already started. But in absence of the teachers very grave prejudice is being caused to the students as regards the petitioners, it is submitted that the petitioners whose term expired in 2004 have since been relieved and no longer are in position. The respondents seek modification of the order for enabling Respondent No.8 to over come the difficulty being faced in view of the interim order of the court. Mr. Sethi, learned AAG appearing on behalf of Respondents seeks permission and craves indulgence of this Court to treat CMP NO: 1130 -M/2004 for vacation of interim direction dated 8 -4 -2004, as objections to the main writ petition as well as application for interim relief, in order to expedite the disposal of this case.