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Ravindra Kumar Vs. Settlement Officer, Consolidation, Sidharthnagar and Another</B>

Ravindra Kumar vs Settlement Officer, Consolidation, Sidharthnagar and Another

Type Court Judgment Court Allahabad Decided Dec 15, 1998
~2 min read
https://sooperkanoon.com/case/469412

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Citation
Court
Allahabad High Court
Judge
Decided On
Case Number
C.M.W.P. No. 37689 of 1998
Subject
Service

Case Summary

AI-generated summary - not the official court judgment text.

Service - recruitment - Article 226 of Constitution of India - recruitment process for appointing Lekhpals started - petitioner making representation to be appointed on ad hoc basis while selection process is ongoing - respondents have authority to decide whether ad hoc appointments are to be made - as no right conf...

Key legal issue
Service
Acts & sections
Constitution of India - Article 226

Parties & Advocates

Appellant / Petitioner

Ravindra Kumar

Advocate Manish Chandra Tewari and ;Rajneesh Kumar Srivastava, Advs.

Respondent

Settlement Officer, Consolidation, Sidharthnagar and Another

Advocate S.C.

Legal References

Acts
Constitution of India - Article 226
Reported In
1999(2)AWC1128

Excerpt

service - recruitment - article 226 of constitution of india - recruitment process for appointing lekhpals started - petitioner making representation to be appointed on ad hoc basis while selection process is ongoing - respondents have authority to decide whether ad hoc appointments are to be made - as no right conferred on petitioner representation made by him is misconceived. - d.k. seth, j.1. the petitioner had made a representation before settlement officer, consolidation seeking ad hoc appointment. mr. manish chandra tewari, learned counsel for the petitioner submits that an advertisement has been issued for selection in the post of consolidation lekhpals. since the recruitment through the said process would take sometime, therefore, the petitioner has made representation for being appointed temporarily in the meantime, which may be considered by the authority concerned.2. i have heard mr. manish chandra tewari and mr. s. n. srivastava, learned brief holder on behalf of the respondents.3. it appears that recruitment process has already started. there is no provision that in case the recruitment process takes sometime, then somebody should be appointedtemporarily in the meantime at the choice of an individual. it is for the respondents to lake administrative decision as to whether they would appoint anyone temporarily or not. then again, when the recruitment process has been undertaken and the exercise is on, it would not be justified to make temporary appointment even if the selection process takes a little long time, unless it is extremely urgent on administrative ground. thus, the representation made by the petitioner appears to be a misconceived one. there is no legal right for being considered for temporary appointment in such circumstances which could be said to have been acquired by the petitioner. in the absence of any legal right, no writ petition can be maintained. the writ petition is therefore dismissed. there will be no order as to costs.

Full Judgment

D.K. Seth, J.

1. The petitioner had made a representation before Settlement Officer, Consolidation seeking ad hoc appointment. Mr. Manish Chandra Tewari, learned counsel for the petitioner submits that an advertisement has been issued for selection in the post of consolidation Lekhpals. Since the recruitment through the said process would take sometime, therefore, the petitioner has made representation for being appointed temporarily in the meantime, which may be considered by the authority concerned.

2. I have heard Mr. Manish Chandra Tewari and Mr. S. N. Srivastava, learned Brief Holder on behalf of the respondents.

3. It appears that recruitment process has already started. There is no provision that in case the recruitment process takes sometime, then somebody should be appointedtemporarily in the meantime at the choice of an individual. It is for the respondents to lake administrative decision as to whether they would appoint anyone temporarily or not. Then again, when the recruitment process has been undertaken and the exercise is on, it would not be justified to make temporary appointment even if the selection process takes a little long time, unless it is extremely urgent on administrative ground. Thus, the representation made by the petitioner appears to be a misconceived one. There is no legal right for being considered for temporary appointment in such circumstances which could be said to have been acquired by the petitioner. In the absence of any legal right, no writ petition can be maintained. The writ petition is therefore dismissed. There will be no order as to costs.

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