MOHD SALEEM CHAK Vs. STATE OF J&K

JUDGEMENT

(1.) THE case of the petitioners is that they were initially appointed teachers on adhoc basis for a period of three months by order dated.26.3.1985. Their adhoc appointments were however extended from time to time with usual breaks. Subsequently Govt. Order No. 1220 -GAD of 1989 dated 11.09.1989 was issued and all the adhoc appointments made upto 29.12.1988 were directed to be regularised with effect from 11.09.1989. It is admitted by the petitioners that their services were regularised with effect from the aforesaid date. Their grievance however is that they should be regularised from the date of their initial appointments. The other relief claimed by them is the payment of salary for the vacation period.

(2.) THE relief claimed by the petitioners is that by a writ of certiorari the Govt. Order No. 1220 -GAD of 1989 dated 11.9.1989 be quashed to the extent it does not permit regularisation retrospectively and further the respondents be directed to regularise themselves retrospectively for the purpose of seniority. Another relief is payment of salary for the vacation period. So far as the first relief is concerned, regularisation on adhoc appointments is itself bad as pointed out by the Apex Court in "J&K Public Service Commission etc vs. Dr. Narinder Mohan & Others", AIR 1994 SC 1808, holding that:

(3.) THE Govt. order regularising adhoc appointments being prospective its effect cannot be made retrospective. Moreover by giving them seniority, those appointed regularly through recruitment board will be adversely affected. Even a rule which permits regularisation of adhoc employees in a manner which affects the seniority of a regularly recruited person is liable to be struck down as held by the Apex Court in "Ram Ganesh Tripathi & Others Vs. State of U.P. & Others" (1997) SCC 621 which reads :