JIWAN LAL Vs. STATE OF J AND K

JUDGEMENT

(1.) AS the issue involved in these petitions is same, therefore, these shall stand disposed of vide this common order.

(2.) THE facts are taken from SWP No. 52/07, which may be noticed as under: Respondent -State vide Government Order No. 816 -Edu. Of 1998 dated 24th of April'98, framed a policy regarding recruitment of temporary Lecturers in Higher Secondary Schools on Session basis. The qualification prescribed was Post -Graduation in the subject concerned. The engagement was initially to be made for a period of two months which could be extended depending upon the requirement upto the maximum of one session. This selection of Lecturers was to be made from within the district and in case of non availability of a candidate in a particular subject, a candidate from the adjacent district could be considered for engagement. The candidate appointed on such an arrangement was entitled to monthly remuneration of Rs. 3500/ -. The appointment, however, was purely temporary and the candidate opting for such an appointment had to furnish an undertaking that he/she will not claim any appointment on permanent basis against the said post and the said appointment is not to be treated as any commitment on behalf of the State Government. This is apparent from condition No. (iv) of the aforesaid Government Order. For facility of reference, this condition is reproduced below: iv. The appointment will be purely temporary and candidates will be asked to give an undertaking that he/she will not ask for any appointment on a permanent basis and there will be no commitment of the State Government in this behalf.

(3.) THEREAFTER vide Government Order No. 1345 -Edu of 1998 dt. 16th of July'98, the earlier Government Order No. 816 -Edu of 1998 was partially modified and the Chief Education Officers of the respective areas were directed to identify the Higher Secondary Schools where such like vacancies were available. The other conditions, however, were not changed. Again, vide Government Order No. 553 -Edu of 2000 dt. 7th of June'2000, partial modification was done and the remuneration which was being paid to such temporary Lecturers was enhanced from Rs. 3500 to Rs. 4500 per month whereas in the difficult areas i.e. Leh and Kargil, the remuneration was fixed at Rs. 6000 per month.