NIDHI RAJ ANAND Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Sri Chitranjan Sinha, learned Senior Advocate appearing for the petitioner, Sri Amit Prakash, learned counsel for the State of Bihar and Dr. Anand Kumar, learned counsel for the Bihar Rajya Pul Nirman Nigam Limited ('BRPNNL' in short).

(2.) The petitioner has filed the instant writ application for the following reliefs:

(3.) The case of the petitioner in short is that the Board of Directors of the BRPNNL being competent under Article 79(22) of the Memorandum of Association resolved to create the post of Secretary (Company Affairs) in the pay scale of Rs.1060.001580. Mr. S. Subba Rao was appointed as a regular Secretary of the BRPNNL and held the post till his resignation in the year 1982. In the year 2008 the competent authority decided to make contractual appointment on the post of Secretary (Company Affairs). Pursuant to an advertisement for making contractual appointment, vide order dtd. 29/5/2009, after following due process, the petitioner was appointed as Secretary (Company Affairs) on contractual basis. The petitioner continued to discharge her duty and her terms of contract was extended from time to time. In the year 2011 the BRPNNL issued an advertisement for appointment of Company Secretary in the unrevised scale 10,000-15,200 and revised scale of 15,600-39,100. A selection committee was constituted vide memo no. 12985 dtd. 25/11/2011 under the orders of the Governor, Bihar. The selection committee proceeded with the process of selection against the advertisement pursuant to which eight persons including the petitioner had applied. The said five members selection committee headed by the Secretary, Road Construction Department, recommended the petitioner for appointment on the post of Secretary (Company Affairs) which was accepted by the Board of Directors of the BRPNNL and a letter of appointment dtd. 7/9/2012 was issued. The petitioner submitted her joining on 10/9/2012. It is further case of the petitioner that on 2/7/2019 a high level meeting was convened for fixing the honorarium of Company Secretary appointed on contract and who are working in different Government Nigam.