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2001 DIGILAW 178 (JK)

Parvez Ahmad Lone v. State Of J. &K.

2001-08-27

B.L.BHAT, H.K.SEMA

body2001
Per Sema ACJ (Oral): 1.We have heard Mr. M.A. Qayoom, learned counsel for the appellant as well as Mr. M.I. Qadri, Sr. AAG learned counsel for the respondents. 2.The appellant being aggrieved by an order dated: 06-04-1998 passed by the learned Single Judge in SWP No. 418/97 filed this appeal. Appellant was appointed on 07-08-1997 in terms of the order No.29992-93 dated: 07-08- 1997. The order reads:- "Sanction is hereby accorded to the grant temporary appointment of Parveez Ahmad Lone S/O Ab. Rehman Lone R/O Nowpora Jagir as Jr. Assistant in the pay scale of 950-1500 plus usual allowances as admissible under rules in Block Sopore on stop gap basis till post of Junior Assistant becomes available in the Department. The Block Medical Officer, Sopore will allow the candidate to join only after the verification of the requisite certificates in original and will draw his pay against the post of IHV till post of Junior Assistant becomes available in the Department. Sd/ (Dr. S.D. Khan) Chief Medical Officer, Baramulla" No. 2992-93 dated: 07-08-1997" 3. A bare perusal of the impugned order, it would clearly appear that there was no post of Junior Assistant and the appellant has been appointed as Jr. Assistant till his post is created but the appellant has been adjusted against the post of Lady Health Visitor (LHV) till the post of Jr. Assistant becomes available in the Department. In a service jurisprudence, the appointment is always made against the available vacancy. Such an arrangement is unknown to law and depicts classic example as to how the authority possessing public power abuses their own power. It is a sheer case of abuse of the power. Such practice is to be condemned and deprecated by all concerned and such an order has been passed at the cost of public exchequer, which is clearly against the public interest. In that view of matter the learned Single Judge has rightly dismissed the writ petition praying for regularisation or continuation on the post. 4. Mr. Qayoom, however submits that the appellant is still working against the post of LHV from 1997. He also stated that the post of LHV is in existence, and it has to be filled up in accordance with the rules. 5. 4. Mr. Qayoom, however submits that the appellant is still working against the post of LHV from 1997. He also stated that the post of LHV is in existence, and it has to be filled up in accordance with the rules. 5. In the facts and circumstances of the case as recited above, we dispose of this appeal with a direction to the respondents to fill up the post substantively within a period of one month from the date of receipt of this order in accordance with the prescribed rules, if the post of LHV is in existence. If the appellant is holding the post as on today and if there is in existence the post of LHV, he shall be allowed to continue till the expiry of one month. We make it clear that the appropriate authority shall fill up the post within the stipulated time of one month and no further extension shall be granted. In case if they fail to implement the direction within the stipulated time, there is no alternative but have to face the contempt proceedings. With the aforesaid direction this appeal is disposed of along with the connected CMPs.