Abdul Khaliq Malik Vs. State and ors.

Abdul Khaliq Malik vs State and ors.

Type Court Judgment Court Jammu and Kashmir Decided May 24, 2000

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Citation: sooperkanoon.com/899740
Court: Jammu and Kashmir High Court
Judge: Syed Bashir-Ud-Din, J.
Decided On: May 24, 2000
Case Number: S.W.P. No. 1897/1998
Subject: Labour and Industrial

Case Summary

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

Key legal issue: Labour and Industrial

Parties & Advocates

Appellant / Petitioner

Abdul Khaliq Malik

Advocate R.A. Sogami, Adv.

Respondent

State and ors.

Legal References

Cases Referred: In State of Haryana v. Piara Singh
Reported In: (2001)ILLJ845J& K

Excerpt

- .....temporary/ad hoc employees in government service, the normal rule is regular recruitment through the prescribed agency but exigencies of administration may some times call for an ad hoc or temporary appointment to be made. in such a situation, effect should always be to replace such an ad hod temporary employee by a regularly selected employee as early as possible..... if for any reason, an ad hoc or temporary employee is continued for a fairly long spell, the authorities must consider his case for regularisation provided he is eligible and qualified according to the rules and his service record is satisfactory.....persons continuing in service over a number of years have a right to claim regularisation and the authorities are under an obligation to consider their case for regularisation in a fair manner. '8. petitioner shall continue as senior asstt. till the post is filled on regular basis if not so filled. while filling up the post on regular basis, petitioner's experience, period for which he is holding the post of senior asstt., his performance and conduct shall have to be considered by the respondents/competent authority. he shall be paid for the period he has actually worked as senior assistant and for the period he will work as such senior assistant in future. the respondents are directed accordingly. further it is made clear that the petitioner shall have to seek his remedy in appropriate forum to pursue his remedy, in case his service rights are infringed or come under shadow by action(s) of respondents adversely affecting him, as such officiating senior asstt. on the post, he is presently holding.

Full Judgment

ORDER

Syed Bashir-Ud-Din, J.

1. Considered.

2. Admit.

3. This petition can be disposed of at this stage, so taken up accordingly for disposal.

4. Heard.

5. Petitioner, presently working as Senior Assistant in Sub District Hospital Tangdar, prays that his present status as such Senior Assistant in Health Department of the State should not be disturbed and that his services as such Senior Assistant, on which post he is working for number of years, may be regularised.

6. It is found on record that the petitioner employee of Health Department is working as Senior Assistant for last number of years. Obviously, the present status of the petitioner and the graded post as Senior Assistant he is holding cannot be disturbed, except in due course of law.

7. In State of Haryana v. Piara Singh, AIR 1992 SC 2130 : 1992 (4) SCC 118 : 1993-II-LLJ-937, it was pointed out::

'As regards the temporary/ad hoc employees in Government service, the normal rule is regular recruitment through the prescribed agency but exigencies of administration may some times call for an ad hoc or temporary appointment to be made. In such a situation, effect should always be to replace such an ad hod temporary employee by a regularly selected employee as early as possible..... if for any reason, an ad hoc or temporary employee is continued for a fairly long spell, the authorities must consider his case for regularisation provided he is eligible and qualified according to the rules and his service record is satisfactory.....persons continuing in service over a number of years have a right to claim regularisation and the authorities are under an obligation to consider their case for regularisation in a fair manner. '

8. Petitioner shall continue as Senior Asstt. till the post is filled on regular basis if not so filled. While filling up the post on regular basis, petitioner's experience, period for which he is holding the post of Senior Asstt., his performance and conduct shall have to be considered by the respondents/competent authority. He shall be paid for the period he has actually worked as Senior Assistant and for the period he will work as such Senior Assistant in future. The respondents are directed accordingly. Further it is made clear that the petitioner shall have to seek his remedy in appropriate forum to pursue his remedy, in case his service rights are infringed or come under shadow by action(s) of respondents adversely affecting him, as such officiating Senior Asstt. on the post, he is presently holding.

Same Court & Year Jammu and Kashmir · 2000 Same Parties Abdul Khaliq Malik vs State and ors. Same Subject Labour and Industrial Same Judge Syed Bashir-Ud-Din, J.

Labour and Industrial