KHALIDA Vs. STATE OF J&K

JUDGEMENT

(1.) THE petitioner seeks a writ of mandamus for being allowed to continue on the post of Asstt. Craftsman held by her under the control of Respdts. under Order No: 324 dated 29 -7 -1988 till the selection to the post is held by the authorities.

(2.) THE case of the petitioner is that she got appointed in the first instance as Asstt. Craftsman in Embroidery Section, in the School of Designs, Sgr., on ad -hoc basis for a period of two months or till the selection is made vide order No: 450 -HD of 1986 dated 25 -10 -1986 (annexure P -I to the petition). The term of appointment was extended in favour of the petitioner vide orders dated 27 -3 -1987, 27 -3 -1987. 15 -6 -1987; 17 -9 -1987: 27 -11 -1987; 23 -5 -1988 and, finally vide order No. 324 dated 27 -7 -1988 (annexures P -II to Annexures P -IX to the writ petition) respectively, for a period of two months or fill selection is made whichever is earlier. The petitioner now apprehends that after continuance in service with breakout for more than two years and short of any selection to the Post held by her, respondents are not inclined to extend her terms as such she, is to face the termination. Therefore, this writ petition for writ of Mandamus to direct the respondents to allow her to continue on the post till proper selection is made.

(3.) THE respondents contested the petition and in the counter hive averred that the petitioner has been appointed on contract basis and subject to selection whichever is earlier in her case and the term of appointment having been expired, the petitioner cannot continue as her term has come to an end on 24 -10 -1987. That no fundamental right of the petitioner has been infringed who was holding the post on contract basis. The respondents are not obliged under law to extend the term, therefore, the petition is not maintainable as no right of the petitioner has been infringed nor the court has power to order extension in the term of the petitioner.