Abdul Khaliq Malik vs State and Others

Syed Bashir-Ud-Din, J.—Considered.

Admit.

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

Heard.

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.

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.

In State of Haryana and others Vs. Piara Singh and others etc. etc., , 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.

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.