KARTAR SINGH Vs. STATE OF J&K

JUDGEMENT

(1.) THIS Letters patent Appeal is directed against an order dated 30 -01 -1999 passed in S.W.P No: 2273/98 whereby the learned Single Judge has disposed of the petition directing the respondents to take steps to fill up the posts of Agriculture Extension Officer substantively.

(2.) A few facts necessary for disposal of the appeal are: that the appellants, Junior Agriculture Assistants in the Agriculture Department, were put as in charge of the posts of Agriculture Extension Officer (AEO) on stop gap basis vide order dated 19 -12 -1995 issued by the respondent -State. This order was kept in abeyance on 26 -12 -1995. The appellants approached the Learned Single Judge seeking their continuation as Incharge AEOs. The Learned Single Judge vide order under appeal disposed of the writ petition observing that the policy of making ad hoc appointments has been deprecated by the Apex Court and accordingly issued directions for filling up the posts substantively, maintaining the impugned order dated 26 -12 -1995.

(3.) THE appellants have challenged the order of the learned Single Judge on the ground that the same amounts to ousting the appellants without providing them an opportunity of being heard and that many other persons are still working in the stop gap arrangement in the department and the appellants have been discriminated. The order dated 26 -12 -1995 keeping in abeyance the earlier order dated 19 -12 -1995, has been passed by the Government without hearing them.