PRAHLAD KUMAR SONI Vs. SECRETARY

JUDGEMENT

(1.) This batch of writ appeals arise out of a common order dated 11.03.2019 passed by learned writ Court in Writ Petition (S) No.2337 of 2012, therefore, all the writ appeals are being disposed of by this common judgment.

(2.) Writ Appeal No.243 of 2019 is filed by one of the Respondents i.e. Respondent No.2 in Writ Petition (S) No.2337 of 2012, in which, he has challenged the impugned order on the ground that the writ petition has been filed with delay, therefore, no relief could have been granted to the Petitioners therein. The Speaker of the Legislative Assembly has powers to appoint Assistant Marshal and accordingly, appointment order has been issued to the Appellant also. The Appellant alongwith other six persons have been appointed by the Speaker of the Legislative Assembly, they have worked for considerable period and were also promoted, therefore, appointments could not have been cancelled. Earlier writ petition bearing Writ Petition (S) No.3134 of 2007 was withdrawn in the year 2012 and they have again filed a writ petition causing serious injuries to the Appellants due to delay in disposal of the writ petition.

(3.) In Writ Appeal No.248 of 2019, the order passed by the learned writ Court was challenged on the ground that the challenge to the Writ Petition (S) No.2337 of 2012 challenge is to the appointments made in the year 2005, therefore, the challenge in that writ petition could not have been considered on the ground of delay and laches. The appointments of the private Respondents in the writ petition have been made in accordance with the provisions of Chhattisgarh Vidhan Sabha Secretariat (Recruitment and Conditions of Service) Rules, 1990 (hereinafter referred to as 'Rules of 1990'), which is in accordance with law and learned writ Court committed error in interfering with the appointments of Appellants and other private Respondents in writ petition. The powers exercised by the Speaker of the Vidhan Sabha for making appointment of Assistant Marshals, who are Appellants and other private Respondents in writ petition is vested under the statute and it cannot be termed as residuary powers of the President of Assembly.