STATE OF MAHARASHTRA Vs. ANITA AND ANOTHER

JUDGEMENT

(1.) Delay condoned. Leave granted.

(2.) This batch of appeals has been filed against the order dated 28.03.2012 and other impugned orders passed by the High Court of Bombay Bench at Aurangabad whereby 471 posts of Legal Advisors, Law Officers and Law Instructors created by Government Resolutions dated 21.08.2006 and 15.09.2006 for appointment on contractual basis under the Director General of Police and Commissioner of Police, Greater Mumbai, were held to be permanent in nature. For convenience, appeals arising out of SLP(C) No.34788-34789 of 2012 are taken as the lead case.

(3.) State of Maharashtra vide Government Resolution dated 21.08.2006 approved creation of 471 posts in various cadres including Legal Advisors, Law Officers and Law Instructors under the establishment of Director General of Police and Commissioner of Police, Greater Mumbai. As per clause (3) of the said Government Resolution, the posts shall be filled up on contractual basis as per the terms and conditions prescribed by the Government. By a subsequent Resolution dated 15.09.2006, the Government maintained that 471 posts created vide resolution dated 21.08.2006 shall be filled up on contractual basis by payment of consolidated pay. As per the conditions of service laid down in the Government Resolution dated 15.09.2006, the appointment was initially for eleven months and with a provision of extension up to maximum of three terms each term being of eleven months. After expiry of third term, the candidates are required to face fresh selection process once again. After the expiry of the term of respondents, their appointments automatically came to an end. In pursuance of the expiry of terms of respondents, the State issued fresh advertisements for recruitment of Legal Advisors, Law Officers and Law Instructors on 05.12.2009, 13.01.2010 etc.