SURAJ PRAKASH SHARMA Vs. STATE OF J&K

JUDGEMENT

(1.) BOTH these petitions involve common questions of law and facts and, therefore, can be decided by a common judgment because what arises for determination is, whether the period of adhoc appointment counts for seniority where under the Recruitment Rules appointment to the post can be made only on the basis of selection made by the Public Service Commission after holding competitive examination.

(2.) THE facts emerging from the pleadings are that both the petitioners were appointed as Assistant Conservators of Forest on 4.1.1978 by respondent No:2 on the recommendation of Public Service Commission. It is also not disputed that respondent No: 4 file SWP No: 965/1990 and No:8 in SWP No: 321/1991) did not figure in the select list published by the Public Service Commission on 11.03.1978. It is thus clear that the 4th respondent was not regularly appointed on the post at the time the petitioners were appointed. He was thus junior to them. It appears that his service was regularised much after March, 1978. However, by order dated 10 -10.1990, his adhoc appointment from 10.09.1977 to 31.07.1978 was regularised for purposes of seniority. This order reads as under: -

(3.) THE petitioners challenged the order on the ground that regularisation of the period of adhoc appointment is not only contrary against law, but also against the Principles of natural justice. This order even otherwise was against the earlier decision of the Department conveyed to respondent No: 4 vide letter No: Fst/Est -90/69 -II dated 2.1.1084 issued by the 2nd respondent, which is extracted below: -