KRISHNA KUMARI YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Y. V. Giri, learned senior counsel, duly assisted by Mr. Suneil Kumar Thakur, learned counsel appearing on behalf of the petitioner and Mr. Prateek Kumar Sinha, learned counsel representing the State.

(2.) The petitioner, who is an elected Chairman of Zila Parishad, Khagaria invoking the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India seeking quashing of the Resolution, as contained in Letter No. 11868 dtd. 12/12/2022, issued under the signature of the Principal Secretary, Department of Panchayati Raj, Bihar, Patna addressed to all the District Magistrates of Bihar and the Chief Executive Officers of all the Zila Parishads of Bihar, whereby it has been intimated that the State Government, after having due consideration in public interest, has decided to make appointment on the basis of contract upon the sanctioned vacant posts, such as Assistant Engineer, Junior Engineer, Head Assistant, Upper Division Clerk, Clerk and Accountant of the Zila Parishad by following the guidelines by a four Members Selection Committee, constituted at the District level under the Chairmanship of the District Magistrate.

(3.) Further, the petitioner also seeks a direction upon the respondent authorities not to interfere with the functioning of Zila Parishad in making appointment on Ad-hoc basis from the retired employees in complete transgression of the provisions of the Bihar Panchayat Samiti and Zila Parishad (Conditions of Service) Rules, 1964 (hereinafter referred to as 'the Rules, 1964").