JAMMU, Dec 3: The Bench of Central Administrative Tribunal Jammu comprising Rajinder Singh Dogra (J) and Ram Mohan Johri (A) while disposing of Original Application restrained the Skill & Development Department, J&K Government from replacing/substituting the Applicant by another set of contractual appointee' or by transferring regularly recruited Vocational Instructor in the Trade of "Stenographer & Secretarial Assistant (English)" in ITI, R. S. Pura, from one institution to another till post held by the Applicant on 'contractual basis in the academic arrangement is filled up by the competent authority i.e. J&K State Services Selection Board on regular/substantive basis.
DAG on behalf of UT & other respondents submitted that the applicant is neither adhoc nor contractual employee of the respondents' department. Since the engagement of the applicant is limited to delivering a specific number of lectures during the current academic year as guest faculty for a specific honorarium, therefore, is not entitled to the benefit of continuity until regular appointments is made by the Government.
CAT observed clearly said that :It is a settled principle of law that an ad hoc employee cannot be replaced by another ad hoc employee and he can be replaced only by another candidate who is regularly appointed by following a regular procedure prescribed".
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