A guest-faculty Software Testing Assistant selected through advertisement sought protection against replacement by another temporary appointee.
Judge / Bench — Hon’ble Mr. Justice Rajesh Sekhri, Judge
Applying the constitutional prohibition on substituting one ad hoc arrangement with another, the Jammu & Kashmir and Ladakh High Court directed his continuation with existing benefits under the rules while the requirement subsisted, subject to good conduct and satisfactory performance. Although the respondents alleged earlier discontinuance for unsatisfactory work, the petitioner’s counsel relied on attendance material showing continued service. The authorities were restrained from making an equivalent temporary replacement but remained free to fill the post through regular recruitment. No automatic permanent regularisation was granted. The protection is conditional upon institutional need and performance, rather than an indefinite appointment or a freestanding absorption entitlement.
Case — Manzoor Ahmad Sheikh v. Union Territory of J&K and others · WP(C)/1520/2023 · 29 October 2026 · Srinagar wing
Advocates appearing — Petitioner — Mr. Zaffar Mehdi, Advocate. Respondents — Mr. G. N. Sofi, Dy.AG.