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Andhra High Court · body

2011 DIGILAW 254 (AP)

Strategic Insurance Broking Service v. Insurance Regulatory & Development Authority

2011-03-22

L.NARASIMHA REDDY

body2011
Judgment The petitioner was engaged as a Librarian in Sri Veera Venkata Satyanarayana Swamy Devasthanam Junior College, Annavaram, respondent No.3 herein, maintained by Sri Veera Venkata Satyanarayana Swamy Devasthanam, respondent No.2 herein, initially on 22.10.2008 on a consolidated salary of Rs.4,350/- per month and thereafter on 14.07.2009 on a salary of Rs.8,500/- per month. The Executive Officer of the Devasthanam issued notification, dated 21.10.2009, inviting applications for various posts including that of the Librarian in Junior College on outsourcing basis. The petitioner challenges the notification alleging that the respondents ought to have continued her as Librarian. On behalf of the respondents, a counter-affidavit is filed. It is stated that the engagement of the petitioner was found fault with by the Endowments Department and that the petitioner has since been discontinued. It is stated that the petitioner is not adversely affected on account of the notification and she too can apply in response thereto. Heard the learned counsel for the petitioner and the learned counsel for the respondents. Admittedly, the engagement of the petitioner as Librarian on contract basis on 22.10.2008 was not preceded by any selection process. So is the case with the subsequent engagement through order, dated 14.07.2009. It is only when a contractual or other similar appointment is made on the basis of the selection that this Court would discourage replacement of such employees with other similar arrangement. The respondents intended to invite applications to engage the persons on outsourcing basis. When many eligible candidates apply, they would have the advantage of selecting the best among them. No rights can be said to have accrued to the petitioner on account of her earlier appointment on purely ad hoc basis. The petitioner did not apply in response to the notification. In case the selection was not completed as yet, her case also, be considered. Therefore, the writ petition is disposed of, leaving it open to the respondents to proceed with the selection and appointment of Librarian for respondent No.3 Junior College. In case the selection was not finalized as yet, they shall consider the case of the petitioner also. It is brought to the notice of this Court that the petitioner was not paid salary for certain period during which she worked. If that be so, it shall be open to her to make a representation and the respondents shall consider the same on its own merits. It is brought to the notice of this Court that the petitioner was not paid salary for certain period during which she worked. If that be so, it shall be open to her to make a representation and the respondents shall consider the same on its own merits. There shall be no order as to costs.