DAULAT RAM Vs. STATE

JUDGEMENT

(1.) THE petitioners seek issuance of writ of Certiorari to quash order No. DSHJ/Estt/98 -99/158 dated 4 -7 -1998 issued by respondent No.3, Director Sheep Husbandry Deptt. Jammu, whereby the order bearing No. DSHJ/ Estt/NG/98 -99/158 dated 25.5.1998 and order dated 29 -6 -1998. Pertaing tot he appointment of the petitioners have been rescinded.

(2.) LEARNED Counsel for the petitioners submits that the petitioners have been appointed on regular basis as Class -IV Employee against the posts of Shepherds and Orderlies. The impugned order is issued on political, malafides and extraneous considerations which are writ large and also in violation of Article -14 and 16 of the Constitution of India. The service of the petitioners cannot be terminated at the instance of Minister concerned, unless the petitioners are provided an opportunity of being heard. The respondents have also not observed the principles of natural justice.

(3.) RESPONDENTS have filed their objections stating therein that the respondent No.3 has no authority to appoint the petitioners, unless, they have been found selected by the duly constituted selection committee. The orders of appointment of the petitioners were issued by respondent No.3 a day or two before his retirement in an arbitrary and unjust manner. The Government has framed and notified SRO -64 of 1994 which contains Rules for regularisation of daily rated workers and work charge employees, who have rendered continuous service of 07 years. The Class -IV vacancies vacant in the Department are to be utilized for regularising the available, eligible, daily rated/work charge employees. But in the instant case, it has been brought to the notice of the respondents that neither the procedure prescribed has been followed while making appointments nor the eligible persons have been considered, and otherwise also, these appointments are contrary to the Rules and is the result of an abuse of powers.