BHUPENDRA SINHA Vs. STATE OF ASSAM

JUDGEMENT

(1.) These 32 review petitioners were appointed as Support Staff in the Fast Track Courts, which were established under a Scheme. Their appointments were made in terms of the requirement of the Scheme. It is to be noted that initially the Fast Track Courts were established for 5 years, but they have been made to continue. The State Government also later vide Notification dated 29.9.2012 made 20 existing Fast Track Courts as regular courts of Additional District and Sessions Judges and created various posts for proper functioning of such courts. Since the petitioners were working as Support Staff in the Fast Track Courts, they filed WP(C) No.5153/2010 for regularisation of their services against the newly created posts, but the Division Bench of this High Court, vide order dated 20.12.2012, disagreed with them and disposed of the writ petition with the following directions:-

(2.) While, thus, no mandamus can be issued directing the State Government or any authority to either absorb the petitioners against the said sanctioned posts or appoint them afresh against the said sanctioned posts, which have been, as indicated above, sanctioned for making the said 20 Courts functional, it is hereby made clear that the petitioners may, subject to the provisions of the relevant recruitment rules, remain free to apply for appointment(s) to the post(s), which have been sanctioned by the State Government, and if they or any of them make(s) any application pursuant to the selection process, which may be resorted to, for filling up the said sanctioned posts, the case(s) of the petitioner(s) shall be considered as the case of any other candidate provided that they are found, otherwise, eligible to participate in the selection process. Until the time the process of selection and regular appointments is completed as against the said sanctioned posts, the petitioners shall, however, be allowed to function on the same terms and conditions on the basis of which they have been functioning so far so that the Fast Track Courts, upon being made permanent, can remain functional.

(3.) The authorities concerned shall take necessary steps and complete the process of making selection and appointments to the said sanctioned posts within a period of six months from today."