Mohd.Azam vs State of J&K and others

Gupta, J.—Petitioner's case is that he was appointed by the Deputy Commissioner, Poonch on 22.7.1994 as class IV employee in the office

of Chief Animal Husbandry Officer, Poonch. According to the petitioner his appointment was on regular basis and against the substantive post

available. The petitioner's grievance is that the appointment order is not being honoured and implemented by the respondents.

The respondents case in defence is indeed very short and simple. They submit that vide order No. 162GR of 1990 dated 16.4.1990, issued by

the Central Administration Department, all class IV posts which are outside the purview of the State Subordinate Service Recruitment Board, were

liable to be filled up by the appointing authority on the recommendations of a Board constituted in each District for this purpose.

It is contended by the respondents that the petitioner was appointed by the Deputy Commissioner without his having undergone any selection

process and that the post is to be referred to the District Recruitment Board, as was envisaged by the order dated 16.4.1990. Even the order on

its very face clearly shows that the appointment of the petitioner was arbitrarily made by the then Deputy Commissioner, when an obligation was

cast upon him to ensure that the petitioner does undergo the normal selection process. Because the appointment order was issued by the then

Deputy Commissioner in gross misuse of the authority vested in him only as Chairman of the District Board contrary to and without following the

provisions of law and principles of fair play, this order is neither enforceable not liable to be implemented. Respondents were justified in ignoring

the order altogether because the order has no force in the eyes of law. The petitioner however can participate in the normal selection process by

offering his candidature as and when the posts are sought to be filled up. The writ petition is dismissed.