GH NABI SOFI Vs. STATE OF J&K

JUDGEMENT

(1.) THE objections filed against the admissibility of the writ petition have been adopted as counter by the Learned Counsel for the respondents. The petitioner has not chosen to file the rejoinder. The pleadings are complete and the parties have been heard.

(2.) THE admitted position is that the petitioner holds the post of "Library Bearer" substantively and was asked to discharge the duties of a teacher by respondent no. 4 vide order no. 153/ 93 dated 1 -8 -93. He is holding the charge of the post since 1993 and has continued as Incharge teacher for last several years on the basis of aforementioned order. Through the medium of this writ petition, he has sought the indulgence of this court for regularisation of his services.

(3.) IT is appropriate to notice that the appointment to any service or class can be made by an authority who is empowered to make the appointments and in so far as assignment of the charge of a higher post is concerned reference to Articles 85 and 86 of the Jammu and Kashmir Civil Service Regulations becomes imperative. The Article 85 envisages that a Government servant may be assigned the charge but the authority who can exercise the power, is specified in Article 86 which depicts that it is the Competent Authority which can exercise the power and the Competent Authority has been defined to be the one which is the appointing authority.