SANJIB BARUAH Vs. STATE OF ASSAM

JUDGEMENT

(1.) All the eight writ petitions having raised common questions of law and fact, they are take up for consideration together and are being disposed ofby this common judgment and order.

(2.) WP (C) Nos. 152/2001, 160/2001, 323/2001,383/2001,728/2001 and 2381/ 2001 The aforesaid writ petitions have been filed by persons aggrieved by an order dated 30.12.2000 appointing 91 persons as Sub Inspectors of Food and Civil Supplies on ad hoc basis. In the aforesaid order, it has been mentioned that the ad hoc appointments are purely temporary and in the nature of ments under Regulation 3 (f) of the Assam Public Service Commission (Limitation and Function) Regulation 1951. The said appointments have been stated to have been made for a period of 3 (three) months or till the filing up of vacancies as per provisions of the Assam (Food and Civil Supplies) Service Rule 1970 whichever is earlier. The writ petitioners pray for quashing of the aforesaid order of appointment dated 30.12.2000 and for further directions from this Court to fill up the vacancies by holding regular selection. Notwithstanding the reliefs sought, except in WP (C) No. 383/2001, the 91 appointees have not b'een impleaded as party respondents. WP(C) No. 634/99: This writ petition has been filed by one Hiren Kalita for appointment against any vacant post in the cadre of Sub Inspector of Supply. WP(C) No. 3796/2001: This writ petition has been filed by the 91 persons who have been given ad hoc appointment as Sub Inspector of Supply initially by order dated 30.12.2000 and thereafter by order dated 30.3.2001, the petitioners seek appropriate intervention of this Court with a W.T. Message dated 24.5.2001 by which W.T. Message the Director of Food and Civil Supplies has intimated all the District and Sub Divisional level officers of the Food and Civil Supplies Department that the Government of Assam has decided not to extend the services of the aforesaid 91 petitioners beyond 30.5.2001. The relief of continuance in service as Sub Inspector of Food and Civil Supplies till such time that the posts are filled up by regularly selected persons has also been appointprayed for in WP (C) No. 3796/2001.

(3.) The facts leading to this high voltage litigation lies within a short compass. In the year 1996, two advertisements were issued calling for applications for filling up of an unspecified No. of posts in the cadre of Sub Inspector of Food and Civil Supplies. Over 37,000 eligible persons are stated to have applied for selection for the posts advertised. However, for reasons not disclosed, the applications received pursuant to the said advertisements, were not processed and no selection was held. On 30.12.2000 by an order bearing No. TSE.31/96/pt/1/4, 91 persons mentioned in the aforesaid order were appointed on ad hoc basis as Sub Inspector of Food and Civil Supplies. As already stated WP(C) Nos. 152/ 2001,166/2001,323/2001,383/2001,678/ 2001 and 23 81/2001 were instituted challenging the aforesaid appointments. This Court by order dated 17.1.2001 passed in WP(C) No. 383/2001, while entertaining the writ petition, directed that the appointments made by order dated 30.12.2000 shall not be extended beyond 3 months as stipulated in the said order and that there shall be no further appointment under regulation 3(f) to the post of Sub Inspector of Food and Civil supplies. Seeking vacation and/or modification of the said order dated 17.1.2001 passed in WP(C) No. 383/2001, the state and many of the respondents No. 5 to 95 filed several Misc. applications in WP(C)No. 383/2001 i.e. MC 359, 469, 470, 471 and 472 of 2001.