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| HC upholds appointment of Assistant Director Handlooms on Adhoc basis | | | early times report
Jammu, June 9: A Division Bench of J&K High Court Jammu Wing comprising Justice Hakim Imtiyaz Hussain and Justice Sunil Hali has dismissed LPA challenging the engagement of an Assistant Director Handlooms on adhoc basis for a period of six months.
The government appointed on adhoc basis assistant director for handloom department vide Govt order dated April 26, 1990. The arrangement continued for some time and finally regular appointment of the respondent against the post of Assistant Director Handloom vide Govt order dated June 25, 1994 was made. The single judge of the High Court vide judgment dated July 18, 2000 dismissed the petition. The petitioner filed an LPA.
The judgment written by Justice Sunil Hali for the Division Bench, after hearing the petitioner and the respondents observed that the facts which emerge from the pleadings of the parties are that due to non-formulation of relevant rules, the Public Service Commission refused to make the selection to the post of Assistant Director Handlooms, on the basis of draft rules and accordingly Industries & Commerce Dept withdrew reference of the said posts to the PSC. The private respondent who was having Bachelor Degree in textile engineering applied for being considered for appointment against the on adhoc basis. His request was considered and sanction was accorded for his appointment on adhoc basis and consequentially sanction was accorded for appointment of private respondent against the post on substantive basis in relaxation of rules vide Govt order dated January 25, 1994.
Division Bench further observed that the only grievance set out in the petition was that the appointment to the post in question was made in violation of the rules as no proper selection was conducted. It was not the case of appellant that the private respondent was not eligible both in terms of the qualification or age to be appointed against the post of Assistant Director.
Therefore, looking to the above facts and circumstances of the case and placing reliance on the judgment of the Apex Court in "Puttaswamy's Case" and said that " we are not inclined to quash the selection of private respondent at this stage and this appeal is found to be without merit and is dismissed". -----JNF
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