SHASHI BALA SHARMA Vs. STATE

JUDGEMENT

(1.) THE husband of the petitioner was serving in Health Department as Medical Officer. He died in road accident on 19th December 1987 while he was on official tour. Petitioner applied for compassionate appointment against the post of Health Educator being eligible. The respondent No: 2 examined her case and found that she is overage by 2 years 5 months and 15 days as on 1.1.1988 as per her date of birth viz 16.7.1953. The respondent No. 2 recommended the case of the petitioner to the respondent No. 1 for relaxing her upper age bar by 2 years 5 months and 15 days as also appointing her on compassionate ground against the post of Health Educator in the pay scale of Rs 1150 -2050, which was lying vacant in the district Udhampur. State Govt. vide Govt. Order No: 61 -HME of 1991 dated14.1.1991, accorded sanction to the relaxation of upper bar in her favour. The respondent No: 1, vide Govt. Order No: 62 -HME of 1991 dated 1.1.1991 also accorded sanction to the adhoc appointment of the petitioner on compassionate ground as Health Educator in the pay scale of Rs 1150 -2050. Thereafter, the respondent No: 2 vide Order No: ES -5/NG/90/282 -85 dated 21.1.1991 appointed the petitioner as Health Educator in the pay scale of Rs 1150 -2050 in the Health Department on adhoc basis.

(2.) GRIEVANCE of the petitioner is that since initial appointment of the petitioner was made on compassionate ground and for all practical purposes the initial appointment of the petitioner on compassionate ground is permanent not temporary or adhoc. It is submitted that the respondents have issued communication NO: BMO/CHC/K -89 -93 dated 17.5.2004, by virtue of which an effort has been made to bring an end to the services of the petitioner as she has been directed to furnish an agreement as per Form -A pursuant to Govt. Order No: 237 -GAD of 2004 dated 20.02.2004 which is applicable to adhoc appointees. Petitioner challenges the said order on the ground that she was appointed on compassionate ground and Govt. Order No: 237 -GAD of 2004 dated 20.02.2004 is not applicable to her case. It is submitted that the appointment of the petitioner on compassionate ground be treated as regular appointment with effect from 14.01.1991.

(3.) ON notice, the respondents have filed CMP No: 631/2008 and prayed the aforesaid CMP be treated as objections on behalf of the respondents. Prayer allowed. In the objections, the respondents have taken a stand that the appointment of the petitioner is on adhoc basis. The adhoc appointee has a right to be regularized under the rules governing the field.