MOHD AMIN MIR Vs. UNION OF INDIA

JUDGEMENT

(1.) THROUGH the medium of this writ petition filed under article 226 of the constitution of India, the petitioner, post and position wise a Driver, has challenged the order of dis -continuation issued against him by the Regional Director, Health and Family Welfare, J&K, Srinagar (Respondent No.3) vide his order bearing No: RHOS/419/96 -Estt/1031 -34 dated; 28/01/1997 (for short impugned order). The petition came up for final hearing on 8/4/1999 Respondents appeared through their counsel whereas the petitioner appeared in person and submitted that he belongs to class of have not and is financially so wreck that he could not keep the commitment of fee with his counsel and expressed his inability to provide assistance of an Advocate to the court. He canvassed that he has been victimised for extraneous considerations. Undoubtedly appealing events were brought to the notice of the court but the difficulty is that the court has to pass a verdict on the strength of the pleadings of the parties and it is not possible for me to determine the questions involved in the writ petition on the basis of a woeful tale revealed by the petitioner in the open court. He has further submitted that the allegation of tampering with the documents is unfounded and no enquiry whatsoever was conducted into the matter. Mr. Bhan learned counsel for the respondents submitted that he is in possession of a communication bearing No: 764/3073/J dated: 3/4/97 which depicts that no school leaving certificate was issued in favour of the petitioner. He has also submitted that a communication bearing No: RHOS/4 -19/96/Estt. 1088 -89 dated: 19/2/1997 was addressed by the respondent No.3 to the Deputy Commissioner Srinagar to ascertain the correctness of age certificate of the petitioner and reply from the Deputy Commissioner is awaited. These communications produced by Mr. Bhan are taken on record. Mr. Bhan has been heard in opposition to the writ petition.

(2.) THE grounds of challenge have been enumerated in the writ petition and interalia it is contended that the petitioner was initially working as an orderly/Driver on daily wage basis in Kashmir University. He appeared in an interview conducted by the respondents for the post of Staff Car Driver alongwith other nineteen candidates. His excellent performance brought into being his selection by the Selection Committee, constituted for the purpose, comprising Regional Director, Medical Superintendent SMHS Hospital, Deputy Director Rehbar -i -Sehat and Deputy Director Garrages, consequently, a selection letter was issued in his favour bearing No: RHOS/419/ 96 -Estt/268 -69 dated: 02/08/1996 (Annexure -B to the writ petition) which reads as under: "No. RHOS/4 19/96 Estt./268 -69 Government of India Regional Office for Health and F. W. Neelam Chowk, J&K, Srinagar. Dated: 2nd August, 1996. OFFICE ORDER Mr. Mohd. Amin Mir S/o. Mr. Sona R/o. Zakura Srinagar has been selected in this office of Regional Office for health and FW, Govt. of India Neelam Chowk, J&K State Srinagar, to the post of a Driver, according to the decision taken by the Selection Board on 30th July 1996. He is hereby instructed to bring his testimonials experience certificates in original for further verification in this office by the 16th August 1996. He is also informed that if he fails to respond to this office order by the prescribed date his selection will be treated as cancelled and the chance will be given to the candidate at Sr. No.2 of the proceedings of the decision taken by the Selection Board in this regard. Sd/ - (Dr. Mrs. Shazia Wafai) Regional Director (H&FW) J&K, Srinagar. Mr. Mohd. Amin Mir, S/o. Mr. Sona Mir, R/o. Zakura, Naseem Bagh, Hazratbal, Srinagar. Copy forwarded for information to Shri T. K. Murugan, Dy. Director Administration (M), Dte. General of Health Services, (R. D. Cell) Nirman Bhawan, New Delhi. This is w.r.t.R.D. Cell approval letter No. A. 12033/7/95 RD Cell Dated 31 Jan. 1996 in this regard. Sd/ - Regional Director (H&FWF) J&K Srinagar." In pursuance to annexure -B the requisite certificates were produced by the petitioner and the order of appointment was issued in his favour bearing No: RHOS/410/96/Estt/537 dated: 07/ 08/1996 (annexure -C to the writ petition) which is reproduced in verbatim; "GRAM: PARISWASTE BY HAND No. RHOS/4 19/96 Estt./537 Government of India Regional office for Health and FW Neelam Chowk J&K Srinagar Dated: 07 -08 -1996. ORDER The undersigned is pleased to appoint Mr. Mohd Amin Mir to the post of a Driver on purely temporary and adhoc basis in the pay scale of Rs. 950 -20 -1150 -EB -25 -1500/ - in the Regional Office for Health and Family Welfare Government of India, J&K State, Srinagar w.e.f the forenoon of 7th August 1996 and untill further orders. Sd/ - (Dr. (Mrs.) Shazia Wafai) Regional Director (H&FW) J&K Srinagar Mr. Mohd Amin Mir, S/o. Mr. Sona Mir, R/o. Zakura, Naseem Bagh, Hazratbal, Srinagar. No. RHOS/4 -19/96 -Estt/Dt. 07.08.1996 Copy forwarded for information to 1. Shri T. K. Murugan, Dy. Director Admn. (M) DGHS (RD Cell) Nirman Bhawan, New Delhi. This is in continuation of this office order No. RHOS/4 -19/96 -Estt./268 -69 dated 02.08.96. 2. The pay and Accounts Officer (NICD), 22 Shamnath Marg, New Delhi -110054. 3. THE AccountantGeneral (Admn. - III), AGJIK Srinagar.

(3.) In this background the petitioner had to give up the assignment of Kashmir University and joined the respondent -department and while expecting order of regularisation, an order of discontinuation came to be issued against the petitioner which was represented against by him before the respondents as also before the Chief Minister of the State. These representations are said to have evoked active response on the part of authorities other than the respondent No.3 about whom it is stated that he did not pass any orders despite directions from the higher authorities and inaction on the part of respondent No.3 constrained the petitioner to invoke the writ jurisdiction of this court, claiming the relief to quash the impugned order with further prayer to regularise his services. 4. During the course of arguments Mr. Bhan has opposed the writ petition on two fold grounds, one that appointment of the petitioner is for a specific period of six months, the other that petitioner has sought appointment on forged documents. Rest of the grounds taken in the counter have been given up including challenge to the maintainability of the writ petition, therefore, I choose to deal with the aforementioned objections only.