Mumtaza Akhter vs State and Others

This LPA has been directed against the ordered dated 28.9.2000 passed in SWP no.989/1998 passed by the Learned Single Judge . The

appellant was appointed as ANM in the pay scale of Rs.9501500 on adhoc basis for a period of 60 days or till the post is filled up by the

competent authority, whichever is earlier, in block DH Pora by Chief Medical officer, Anantnag, vide his order dated 2.3.1998.

Appellant approached the court for seeking regularisation against the said post. Learned Single Judge observing that the appointment of the

appellant is dehothers' Rule 14 of the Jammu and Kashmir Civil Services (classification, control and Appeal) Rules,1956 (hereinafter called ""Rules

of 1956) dismissed the writ petition by an order under appeal on the ground that the appellant is entitled to seek regularisation in terms of the

appointment order and the learned Single Judge has not taken into consideration the qualification of the appellant and the jurisdiction of the

appointing authority who was competent to appoint the appellant.

Heard Learned Counsel for the parties, perused the order under appeal and other evidence place on record.

The appointment of the appellant admittedly is on adhoc basis for a period of sixty days. Adhoc appointment can be made only in accordance

with the provisions contained in Rule 14 of the Rules of 1956, which is extracted below:

Temporary appointments: Where it is necessary in the Public interest owing to an emergency which has arisen and could not have been

foreseen, to fill immediately a vacancy in a post borne on the cadre of service, class or category and the making of an appointment to such vacancy

in accordance with these rules would involve undue delay, excessive expenditure or administrative inconvenience, the appointing authority may

appoint a person otherwise than in accordance with these rules temporarily with the prior approval of the Chief Minister in coordination until a

person is appointed in accordance with these rules but such temporary appointment shall in no case exceed three months on each occasion and not

more than nine months in all"".

This provisions of law envisages that due to unforeseen emergency, if a post is required to be filled in public interest, till it can be filled up in

accordance with the rules and the prescribed procedure, the appointing authority may appoint a person otherwise than in accordance with rules

with the approval of the Chief Minister in coordination and such appointment shall in no case exceed three months on each occasion and not more

than nine months.

Chief Medical officer Anantnag has appointed the petitioner neither in accordance with rules nor referring the case for approval of the chief

Minister in coordination, for adhoc appointment of the appellant. Learned Counsel for the appellant could not make out that this provision of law

has been taken care by the appointing authority, while appointing the appellant. We hold that the appointment of the appellant being dehothers Rule

14 of the Rules of 1956 he is not, therefore, entitled to seek regularisation. We could not find any ground to interfere with the order of Learned

Single Judge, under appeal. The appeal is accordingly dismissed.