Warranto and the
power of the Government to make a contractual appointment
under Section 4(2) of the Act.
Civil Appeal No._____________ of 2006
(Arising ... High Court;
5. Government has always the power to make contractual
appointment until further orders and finding to the
contrary is ex facie erroneous
said to only be a
contractual employee in terms of the first contractual appointment letter
dated 3.12.2007 or whether the employment of respondent ... contractual in nature in spite of the letter dated 3.12.2007 so
specifying because I hold this letter, and also subsequent
probationary/contractual appointment letters
petitioners herein having completed more than five
of
years of contractual appointment against various
capacities whereon
rt they stood appointed at
polyclinics established under ECHS ... them by appointees whose terms
of appointments bear an affinity or are alike to the
appointments on a contractual basis of the petitioners
herein stands
appointment letter comprised in Annexure
P-7 stood issued to him by the competent appointing
authority. In pursuance to the petitioner herein
standing appointed against ... HCHP
20
of appointments bear an affinity or are alike to the
appointments on a contractual basis of the petitioner
herein stands openly irrevered
issued only for contractual appointments or ad hoc appointments or
temporary appointments, then persons who are appointed by such
appointments cannot be regularized because ... short period i.e appointments which were
sought to be made were not permanent appointments as distinguished
from contractual/short term appointments or casual appointments
abundantly clear that
persons who have been appointed after advertisement, but, have been
appointed only for contractual period or for term basis posts, such persons ... contractual posts and not for permanent/regular
appointments, then merely because appointments made are pursuant to such
appointments will not satisfy the requirement
regular appointment. The Court directed that appointment
of 908 Lecturers of Engineering Colleges and Polytechnics, who were
appointed on adhoc/contractual basis and whose services ... only two kinds of appointment. The first is the permanent
appointment and the second is the temporary appointment. The
temporary appointments have various subcategory
contractual appointments are
used in contradiction to a regular and permanent appointment
but between adhoc appointment and contract appointment,
distinction is there in service ... advertisement against which the appellants were appointed and
the appointment order mentions the appointment as adhoc
appointment, we cannot approve the view
from
the date of contractual appointment prior to the publication of the
said Resolution. Upon regular appointment, the contractual posts,
if any, would get converted ... November, 2013. The
2013 Rules recognized two categories of contractual employees:
(a) Category I: Contractual appointments/engagements made
against contractual posts created with the concurrence
these
contractual appointees shall be required to execute an agreement in accordance
with the format appended to the Jammu and Kashmir Contractual Appointment
Rules with ... respective posts, could not even be appointed on contractual basis dehors
the Contractual Appointment Rules, 2003, the Government has taken a
policy decision to extend
