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2000 DIGILAW 252 (JK)

Savita Rani v. State Of J. &K.

2000-11-10

R.C.GANDHI

body2000
JUDGMENT 1. The petitioner has been appointed as Junior Assistant for a period of 60 days against the post of Junior Stenographer by the District Development Commissioner. Rajouri, vide Order No. PS/94-95/4159-61 dated 15.9.1994. This arrangement has been continued vide orders dated 17.11.1994, 18.5.1995 and 16.8.1995 for a period of 89 days each or till the incumbent is posted by the competent authority against the post of Junior Scale Stenographer. 2. The respondents have filed the objections stating therein that the appointment of the petitioner for a period of 89 days or till the incumbent is posted by the competent authority was adhoc appointment which does not vest any right in the petitioner to seek regularisation. The petitioner has not attended the office after 4.2.1997. The petitioner after 4.2.1997 neither was holding any post nor any order for extension of adhoc period was passed. An adhocee has no right to hold the office after the expiry of the period of adhoc appointment. The appointment of the petitioner as Junior Assistant is admittedly without any post. Appointment without post is no appointment. It is an abuse of power as pronounced by the Supreme Court in Himachal Road Transport Corpn. Vs. Dinesh Kumar, AIR 1996 SC 2226 holding: - "We are of the view that the Himachal Pradesh Administrative Tribunal acted illegally and without jurisdiction in passing the orders dated 27.3,1995 and 6.3.1995 and in directing that the respondents as appointed in the regular clerical posts forthwith. In the absence of a vacancy it is not open to the Corporation to appoint a person to any post. It will be a gross abuse of the powers of a public authority to appoint persons when vacancies are not available If persons are so appointed and paid salaries, it will be a mere misuse of public funds, which is totally unauthorised," 3. The appointment of the petitioner is illegal, without jurisdiction and sheer abuse of power. 4. The petitioner, thus, is not found entitled to the relief of regularisation of his service as Junior Assistant against the post of Junior Scale Stenographer. The petition being misconceived is dismissed.