JUDGMENT

ORDER

1. This appeal filed by the State is directed against the judgment and order dated 14.08.2001 passed by the Division Bench of the Allahabad High Court.

2. Heard the parties.

3. The respondent herein was appointed on ad hoc basis on the post of Stenographer for a period of three months. The time was extended twice and ultimately, the respondent also appeared in the test but failed. The respondent preferred writ petition before the learned Single Judge. The same was disposed by the learned Single Judge allowing the respondent to continue till the regularly selected Stenographer joins the post. The same was confirmed by the Division Bench of the High Court.

4. While issuing notice on 15.10.2001 this Court stayed both the orders of the Division Bench and the learned Single Judge. In view of the interim order, the respondent is no more in service today. Even otherwise an ad hoc appointee appointed for a period of three months as Stenographer, whose term is further extended, should not be allowed to continue in the public interest when he failed in the test.

5. It may be mentioned that there is no principle of law that a person appointed in a temporary capacity has a right t