Director State Insurance Department v. Ram Avtar Yadav
2008-02-05
GUMAN SINGH, SHIV KUMAR SHARMA
body2008
DigiLaw.ai
JUDGMENT 1. - Heard learned counsel for the parties. 2. Learned Single Judge allowed the writ petition filed by the respondent No.1 directing the State Insurance Department (appellant herein) to give promotion to respondent No.1 on the post of Stenographer Grade-I w.e.f. August 9, 1988. This order of learned Single Judge is under challenge in the instant appeal. 3. The grievance of the respondent No.1 before the learned Single Judge was that even after having qualified the examination held by the Rajasthan Public Service Commission (for short `RPSC') for recruitment by way of promotion to the post of Stenographer Grade-I, the respondent No.1 was not given promotion and instead three adhoc employees were working on the posts ever since. 4. It is now well settled that the State should not be allowed to depart from the normal rule and indulge in temporary employment on permanent posts. Regular recruitment should be insisted upon, only in a contingency. Can an adhoc appointment be made in a permanent vacancy, but the same should soon be followed by a regular recruitment and appointments to non available posts should not be taken note of for regularisation. 5. Since the respondent No.1 had qualified the examination conducted by the RPSC and the posts of Stenographer Grade-I were available, he ought to have given preference over dhoc employees. Learned Single Judge thus rightly allowed the writ petit. 1. We however find that the respondent No. 1 shall be entitled to notional benefits. 6. For these reasons, we dispose of the instant appeal in the following terms : (i) Respondent No.1 shall be considered for promotion to the post of Stenographer Grade-I from the date vacancy was available, though being manned by adhoc employee i.e. whenever respondent No.1 fulfills the qualification of four years of experience i.e. from August 9, 1988. (ii) The respondent No.1 shall be entitled to notional benefits from the date of promotion. (iii) The appellant shall ensure compliance of this order within sixty days from the date of receipt of copy of this order. (iv) There shall be no order as to costs. Appeal Disposed of by modifying judgment of single judge, as above. *******