LAWS(PAT)-2011-9-254

SPEAKER, BIHAR LEGISLATIVE ASSEMBLY, PATNA, SECRETARY, BIHAR LEGISLATIVE ASSEMBLY, PATNA AND UNDER SECRETARY, BIHAR LEGISLATIVE ASSEMBLY, PATNA Vs. SANJAY KUMAR SINGH, SANJAY KUMAR SINGH, SON OF RAJENDRA SINGH

Decided On September 15, 2011
Speaker, Bihar Legislative Assembly, Patna, Secretary, Bihar Legislative Assembly, Patna And Under Secretary, Bihar Legislative Assembly, Patna Appellant
V/S
Sanjay Kumar Singh, Sanjay Kumar Singh, Son Of Rajendra Singh Respondents

JUDGEMENT

(1.) These appeals have been filed against a common order dated 27.02.2008 passed in C.W.J.C. No. 9750 of 2007 along with C.W.J.C. No. 9730 of 2007, C.W.J.C. No. 9731 of 2007, C.W.J.C. No. 9732, C.W.J.C. No.1230 of 2008, C.W.J.C. No.1285 of 2008 and C.W.J.C. No. 9980 of 2007 respectively wherein the petitioners therein have chosen to file the writ petition seeking direction to treat them as regular Security Personnel of Bihar Legislative Assembly Complex and to give all benefits of regular employees of respondent no.1 and further there should be no curtailment of their rights of service benefits including the reduction of emoluments.

(2.) It is the case of the petitioners who had been appointed as Security Personnel by virtue of an advertisement issued on 04.05.2001 on vacant posts and their claim is against regular post and they have been continued as such right from the year 2002 to 2008. Suddenly, they have been asked not to work from the year 2008 onwards.

(3.) The State has opposed the said contention stating that their appointments were made in pursuance of an advertisement issued in the year 2001 which was only for temporary posts and that to for specific period of one year to be extended at the discretion of the Speaker, Bihar Legislative Assembly hence, the respondents have no right whatsoever to claim permanency of such appointments. Moreso, they have no legal right to seek for regular appointments.