AMBICA BHAT Vs. STATE OF J & K

JUDGEMENT

(1.) The petitioner by means of this petition seeks quashing of Order No. E-1810/12873-77 dated 27.12.1995, whereby the petitioner's services have been terminated.

(2.) The petitioner was appointed as Jr. Assistant on ad hoc basis for a period of 60 days by the Director, Animal Husbandry Department, Jammu-Respondent No. 4 vide his order dated 4.1.1996, which was extended by another for a period of 89 days, w.e.f. 6.3.1990 under order dated 3.3.1990. Thereafter, the petitioner was allowed to continue on ad hoc basis under Order No. E-309/2110-11 dated 4.6.1990 issued by respondent No. 4. The case of the petitioner was recommended for regularisation of ad hoc appointment to the General Administration Deptt. who has not agreed with the recommendations and observed that the vacancy is required to be filled up by direct recruitment and the petitioner may also seek consideration alongwith other candidates, who may apply seeking consideration for selection.

(3.) The respondents have filed objections stating therein that the petitioner has no right to continue in ad hoc arrangement which stand terminated. The respondents cannot keep the petitioner on such arrangement for more than nine months in all in terms of the provisions of rule 14 of the Jammu and Kashmir Civil Service (Classification, Control and Appeal) Rules, 1956. It is also stated that the post of Junior Asstt. has to be filled up upon a selection made by the SSRB and the respondents under no provision of law can regularise the services of the ad hoc employee. No statutory provision of law or any right vested in the petitioner has been violated. The appointment of the petitioner on ad hoc basis was made against rule 14 of the Classification, Control and Appeal Rules, 1956 as the ad hoc appointments can only be made with the prior approval of the Chief Minister in co-ordination and such arrangement shall in no case exceed three months on each occasion and not beyond 9 months in all. The power exercised by the Director, Animal Husbandry, Jammu appointing the petitioner in ad hoc arrangement was arbitrary and cannot be protected in law also.