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Judgment
O R D E R
(Per:- Sanjeev Gupta, Judicial Member)
The instant Original Application (in short O.A.) has been filed by the applicant under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs:-
“i). Direct the Official Respondents to allow the Applicant to continue to perform and discharge his duties as Guest Faculty/Lecturer/Instructor in the Trade of Welder, which he is presently performing at Government Industrial Training Institute, Basohli.
ii). Direct the official respondents not to replace the Applicant with another employee engaged on Guest Faculty basis at Government Industrial Training Institute, Basohli, in the Trade of Welder.
iii) Restrain the official respondents from issuing fresh advertisement for engagement of employees on guest faculty in Government Industrial Training Institute Basohli, against which the applicants herein are presently working.”
At the outset, learned counsel for the applicant submitted that the applicant was engaged as Guest Faculty in the Trade of Welder at Government Industrial Training Institute, Basohli (Vocational Instructor) and is working continuously till date. Learned counsel further submitted that the respondents are contemplating taking steps to disengage the applicant and engage another Guest Faculty in his place. He further submitted that the Hon’ble Supreme Court in the judgement of Ratanlal Vs. State of Haryana has already laid down the law coupled with the judgement in the case of Manish Gupta Vs. President Jan Bhagidari Samiti dated 21.04.2022 as well as judgement of Hon’ble High Court of Jammu & Kashmir in the case of Shabir Ahmed Dar Vs. State of J&K 2016 (2) J&K Judgement 441.
Learned counsel further submitted that the applicant would be satisfied, at this stage, if the O.A. is disposed of by directing the respondents to allow the applicant herein to continue as Guest Faculty in the trade of Welder, till regular selection is made and service of the applicant should not be substituted by way of any other ad-hoc/temporary/contractual appointee/academic arrangement.
Mr. Rajesh Thapa, learned A.A.G. appearing on advance notice prays for sometime to file reply.
Having heard the learned counsels for the parties, we are of the considered view that no useful purpose would be served in keeping this O.A. pending and same can be disposed of in the manner as prayed for by learned counsel for the applicant
Accordingly, this O.A. is disposed of, at the admission stage itself, by directing the respondents not to replace the applicant by similar arrangement.
It is, however, made clear that the respondents may fill up the posts in accordance with law only by a regular appointment as and when the process is initiated by the competent authority.
There shall be no orders so as to costs.