NAZIR AHMAD GANAI Vs. STATE

JUDGEMENT

(1.) WHILE seeking consideration for appointment to the post of Assistant House Keeper in Directorate of Hospitality and Protocol the petitioner herein instituted writ petition No. 1041 of 1997 which was disposed of on 3.2.1999 in the following terms:

(2.) THEREAFTER vide Government order No. 1399 -GAD of 1999 dated: 13. 12. 1999, the private respondent was appointed as Assistant House Keeper in the Hospitality and Protocol Department (hereinafter to be referred to as H&PD) in the pay scale of Rs. 2000 -3400 in relaxation of rules and apparently without reference of the post for regular selection. Aggrieved thereby petitioner challenged it on the ground that the post against which private respondent was appointed was a selection post never referred for requisite selection process by appointing authority and as such private respondents appointment thereupon was quite arbitrary, particularly because the said respondent did not even possess the requisite technical qualification and was not at all eligible, and accordingly sought quashment of the order.

(3.) IN their reply filed on 24. 7. 2000 respondents pleaded that the post against which private respondent No.3 was appointed was existing in Chief Ministers Secretariat and did not belong to H&PD which was revealed only after issuance of said appointment order, and that being so at the time the direction dated: 3.2.1999 was passed in writ petition No. 1040/1997 no post to be filled up in accordance therewith was available in H&PD. They also maintained that issuance of impugned Government order was necessary because Chief Ministers Secretariat was in need of a House Keeper and the HPD was not in a position to spare any person from existing strength of the service so 3rd respondent was appointed in relaxation of rules by Government.