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1993 Supreme(J&K) 50

R.P.SETHI
Gh. Hassan Naik – Appellant
Versus
District Development Commissioner – Respondent


Advocates Appeared:
Advocate For Appellant: J.S. Kotwal
Advocate For Appellant: P.S. Sodhi
Advocate For Respondent: Kamal Gupta
Advocate For Respondent: D.S. Chouhan
Advocate For Respondent: M. Koul

The common points of law involved in these petitions are: -

1. Whether the appointments made by the Chairman or any member of a Committee constituted vide Govt. Order No, 462 GR of 1990 dated, 16.4.1990, though on adhoc basis, is required to be regularised and cannot be discontinued later on?

2. Whether temporary appointments made under rule 14 of the Jammu and Kashmir Civil Services (Classification Control and Appeal) Rules, 1956 once made cannot be dis-continued till a proper selection is made?

Heard the learned, counsel for the parties appearing in the case.

In order to appreciate the rival contention of the parties, some facts pertaining to the appointments of Class-IV employees and other employees and adhoc basis are required to be noticed. In the Circular No. 39-GD of 1988 dated 19-7-1988, it was directed that as the Chief Secretary had observed that various departments had committed irregularities in making appointments of in-eligible candidates, the departments should thereafter process the case for appointment on adhoc basis for obtaining approval of the Hon™ble Chief Minister in Coordination. The Chief Secretary desired not to process such cases in future and put a tola1 sto


























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