Rakesh Kumar Misri vs Chairman J&K Service Selection Recruitment Board

T.S. Doabia, J.

Heard learned counsels for the parties.

With the consent of the learned counsel for the parties, this petition is taken up for disposal.

This petition arises under the following circumstances :

The petitioner was given appointment on ad hoc basis as a Refrigeration Mechanic. The order which was passed has been placed on record as

annexureC. For facility of reference, the relevant portion of the order is being reproduced below :

Sh. Rakesh Kumar Misri S/o Sh. Pushkar Nath Misri R/O Ward No. 6 Mohalla Pandatha Poonch who is a Matriculate and trained Electrician

from I.T.I Poonch is hereby appointed as a Mechanic (Refrigerator) in the pay scale of Rs. 1,2002,040 purely on stopgap basis for a period of 60

days against the newly sanctioned post in District Poonch under Universal Immunisation Programme vide Govt. order No. 341HME of 1992

dated 25.8.1992 or till such time the post is filled up by the competent authority whichever is earlier.

The further fact is that the respondentauthorities have advertised the post. This has been done with a view to make regular appointment. The

advertisement which has been issued in this regard has been placed on record as annexureF. The category to which the petitioner was to be

appointed is Refrigerator Mechanic. This appears at serial No. 45 of the Advertisement notice. Matric with I.T.I. trained in the line is the

qualification indicated for the post of Refrigerator Mechanic. The petitioner submitted his application. This was rejected on 1.3.1996. This was on

the ground that the petitioner was not trained as Refrigerator Mechanic. It is this order which is being challenged in the Court.

The petitioner submits :

(i) That having been given ad hoc appointment and having worked as Refrigerator Mechanic is within its rights to contend that he possessed

requisite qualification.

(ii) That the qualifications, if any, are to be prescribed by Administrative Department. The Administrative Department having permitted the

petitioner to work on ad hoc basis should be treated as sufficient to treat that the petitioner was having requisite qualifications.

(iii) That as the petitioner became overage during the continuance of ad hoc arrangements, this should be made a ground to not to consider the

case of the petitioner.

So far as the last question is concerned the petitioner is right in his submission. If an ad hoc employee becomes overage during the period of as ad

hoc appointment then that cannot be made ground for not considering his claim for regular appointment. The decision given by Supreme Court of

India in the case reported as Inspector General of Registration v. Avdesh Kumar, 1996(9) SCC 217 : 1996(3) SCT 518 be noticed in this regard.

Direction for relaxation of age were given. The petitioner, thus cannot be deprived of his right of consideration on account of his age.

Independently of this, it be seen that the claim of the petitioner for consideration was not rejected on the ground that he was overage.

So far as the question of lack of qualifications are concerned, it be seen that in the advertisement, it was mentioned that a person must be an I.T.I.

trained in the line. The petitioner possessed a Diploma in Registration (Refrigerator ?) Mechanic from I.T.I. Institute, Poonch. This is in the Electric

Trade. The petitioner submits that he has done Refrigeration course also from HER Organisation, Directorate of Health Services Jammu, the

certified copy on which reliance is placed as annexureB.

The respondentauthorities would accordingly take notice of annexuresA and B and record a finding as to whether these can be relied upon for the

purpose of qualifications on which reliance is being placed by the petitioner. Independently of what has been stated above, it be seen that on the

basis of educational qualification, he was appointed as Refrigerator Mechanic, he has been working as such.

As such, the State Government would take notice of the above situation and if it is deemed appropriate, the question of regularisation or for

remodifying the qualification be considered. This is however a matter purely within discretion of the State Government. This petition is disposed of

accordingly with the following directions :

(i) That the respondentauthorities would take notice of the qualification indicated in annexures A & B.

(ii) That the respondentauthorities would also take notice of the fact that the petitioner was given appointment on the basis of above qualification

and he has been performing the duties of Refrigerator Mechanic, though on ad hoc basis to the satisfaction of concerned.

(iii) That the petitioner's claim would not be negatived merely on the ground that he has become overage.

Let the appropriate decision be taken within a period of six months. This, however, is subject to the condition that petitioner should furnish a copy

of the order passed by this court along with annexures to the respondent authorities within a period of one month. Till then interim orders passed

by this Court shall continue to operate. If there is any noncompliance in the matter of making aforementioned documents available to the

respondent authorities within one month then interim directions shall stand vacated automatically.

The learned counsel for the parties are agreed that whatever has been said in this writ petition would govern the disposal of writ No. 903 of 1995

also.

Both the petitions are disposed of in the manner indicated above.