SHANTI DEVI Vs. H.P.VIDHAN SABHA

JUDGEMENT

(1.) The Petitioners have preferred the present writ petition under Article 226/227, Constitution of India, praying for issuance of appropriate writ, order or direction for :

(2.) Briefly, the facts giving rise to the present petition may be thus stated. Petitioner No. 1, Smt. Shanti Devi, was appointed as a Copy-holder on the establishment of Respondent No. 1 on 24.10.1979. She was promoted as Assistant on 19.5.1988. Petitioner No. 2, Sunder Lal Negi, was appointed as Clerk on 6.10.1981. He was promoted as Assistant on 2.7.1988. Petitioner No. 3, Shri Ran Singh, who was appointed as a clerk on 15.10.1981 came to be promoted as Assistant on 6.6.1989 which date lateron was changed to 19.12.1991. On the revision of pay scales with effect from 1.1.1986, the posts of Assistants came to be redesignated as Senior Assistants.

(3.) The Petitioners have averred that it was only in the last week of November 1997 that they came to know about the serious illegality in the appointments of Respondents No. 3 and 4 as Assistants inasmuch as they were not possessing the requisite qualifications, as per the rules, on the dates of their selection and appointments. The appointments of both these Respondents were made in complete violation of the Recruitment and Promotion Rules and such appointments were kept as a close guarded secret.