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2005 Supreme(J&K) 358

IN THE HIGH COURT OF JAMMU AND KASHMIR AT JAMMU
R.C. Gandhi, J.
Farooq Ahmed & Ors. - Appellant
Versus
State & Anr. - Respondent
SWP No. 1911/2003
Decided On : 13 December, 2005

Advocates Appeared:
Advocate For Appellant: Vikram Singh
Advocate For Respondent: Vinod Bakshi
Advocate For Respondent: Mayank Gupta
Advocate For Respondent: V.B. Gupta

Headnote:Constitution of India-Art. 226-The petitioners challenged the contractual appointments made by the Govt. on the ground that the appointments are de hors the Rules and they are higher in merit-The court dismissed the petition by observing that there is no fault with the contractual appointments of private respondents. (Para 5)

       SRO-255-The grammatical construction of the proviso makes it crystal clear that ratio system between degree and diploma holders for determination of the number of vacancies within the quota of degree and diploma holders is absolutely inapplicable. (Para 1)

       Contractual appointments-Guidelines-it makes clear that the appointments had to be made as per Rules to be intimated separately, accordingly rules were made public vide SRO 255. (Para 3)

       Constitution of India-Article 226-Contractuat Appointment-Advertisement notice for contractual appointment contained a stipulation that appointments shall be for a period of one year or till regular selection is made in accordance with the rules of recruitment governing prospective posts whichever is earlier-Appointment order also contained same stipulation-Whether appointees can continue after period of one year- Held-No-Further Held-The stipulation "whichever earlier" amplifies that appointments are made for a period of one year or till selection is made, whichever is earlier, which means that appointments will be for a period of one year and not beyond that.

(Oral)

1. Petitioners by means of this petition seek to quash Government Order No. 169-PW of 2003 dated 24.9.2003, which is the appointment order of respondents 8 to 24 and also to quash the selection of said respondents made by respondent No.4, Deputy Commissioner, Doda.

2. The General Administration Department framed a policy for appointment on contractual basis against certain posts. The policy was issued under communication dated 30.7.2003 and conveyed to all Deputy Commissioners, who were designated as Chairman of the Selection Committee. At the time of issuance of the policy, certain vacancies, to be filled up on contractual basis by selection to be conducted by respondent No.4 in District Doda, were also notified. He issued advertisement notice on 4.8.2003, inviting applications from the desirous candidates for contractual appointment against various categories of posts, including ten posts of Junior Engineer(Civil) PWD and 9 posts of Junior Engineers (REW).

3. The petitioners applied pursuant to the said advertisement notice. They were considered along with other candidates. Respondents 8 to 24 were selected whereas the petitioners, having not made the grade, could not be selected and appointed. The selection was referred by the Deputy Commissioner, Doda, to the government in terms of the policy. Respondents 4 to 28 were appointed vide impugned order No. 169-PW of 2003 dated 24.9.2003.

4. The selection and appointment of the private respondents has been challenged on various grounds, including that some of the respondents selected did not even appear before the Selection Committee. There are certain allegations against the Selection Committee also.

5. Respondents in their reply have stated that private respondents have been selected by taking into consideration their merit by the Selection Committee. The selection does not suffer from any vice or illegality and is in accordance with the policy of the Government, contained in communication dated 30.7.2003.

6. Heard learned counsel for the parties and perused the record.

On perusal of the pleadings, court finds that there is no need at this stage to go into the allegations, as the petition can be disposed of on legal grounds.

7. The advertisement notice contains that policy has been framed by the General Administration Department vide communication dated 30.7.2003 and posts also identified. The advertisement notice was for selection of candidates on contractual basis. Para 4 (1) of the advertisement notice reads as under:-

4.(i) The contractual appointments shall be for a period of one year or till regular selection is made in accordance with the rules of recruitment governing the prospective posts whichever is earlier.

8. Official respondents, accepting the recommendations of the Selection Committee, issued the order of appointment vide impugned Government Order dated 24.9.2003. The term of appointment contained in the appointment order is reproduced for facility of reference as under:-

As recommended by District Selection Committee, Doda, sanction is accorded to the appointment of candidates shown in annexure to this order as Junior Engineer, Civil/Mechanical on contract basis for a period of one year or till regular selection is made in accordance with the prescribed rules of recruitment which ever is earlier, subject to the following terms and conditions:

i. The appointees shall not be entitled to any preferential claim for regular appointment under normal process of selection.

ii. The service of an appointee shall be terminable before the expiry of the contractual period within one months notice from either side or on payment of one month™s salary in lieu of notice by the appointing authority.

iii. The appointees shall be paid a consolidated monthly salary equivalent to the minimum of the pay scale of the post of Junior Engineer viz. Rs. 4500-125-7000 provided that the consolidated salary of a Degree holder Junior Engineer will be equivalent to the basic pay of the post of Jun

















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