LAWS(SC)-2011-11-44

SHREENIDHI KUMAR Vs. UNION OF INDIA

Decided On November 17, 2011
SHREENIDHI KUMAR Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) Leave granted.

(2.) On July 18, 2007, a Resolution (for short "Resolution") was issued by the Personnel and Administrative Reforms Department, Government of Bihar providing for procedure and guidelines for employment on contract basis. Inter alia, it provided that employment on the contract basis will be done only against the sanctioned posts and on the basis of the advertisement. It further provided that employment on contract basis may be considered under any scheme for special proposal for short period only. In case of delay in regular employment against the permanent posts, the employment on contract basis can be made for short time and for maximum period of one year. It also provided that maximum age limit for employment on contract basis would be 65 years.

(3.) On June 13, 2009, an advertisement (hereinafter referred to as "advertisement") was issued in the newspaper "Hindustan" by the Department of Agriculture, Government of Bihar inviting applications for employment on contract basis for 4062 posts of Subject Matter Expert (for short "SME") under "Krishi Prasar Sudridhikaran Yojna (for short "Yojna"). The advertisement provided for minimum qualification and also the age limit - on 1.1.2008: 37 years for unreserved; 40 years for extremely Backward and Backward Castes; 40 years for women (unreserved, extremely Back and Backward) and 42 years for SC/ST (Male and Female). The other details like reservation, basis of selection, period of employment etc. were also given in the advertisement along with the format of the application.