LAWS(PAT)-2017-5-79

BINAY KUMAR Vs. BIHAR LEGISLATIVE ASSEMBLY

Decided On May 01, 2017
BINAY KUMAR Appellant
V/S
Bihar Legislative Assembly Respondents

JUDGEMENT

(1.) Heard learned counsel for the appellants and learned senior counsel for the Bihar Legislative Assembly.

(2.) The writ application was filed by these appellants because the Legislative Assembly refused to continue with the hiring or engagement of these appellants beyond 28.02.2006. They were hired in the very first place for a limited period on 27.06.2005 and the engagement was not extended beyond 28.02.2006. In other words, their hiring came to an end within eight months.

(3.) The learned single Judge heard the parties rather extensively and taking note of the manner and narration of the engagement as well as the object that the engagement was for very very limited period, opined that no appointment on a temporary basis can continue beyond one year without fresh advertisement and selection. Not only this the learned single Judge refused to give any relief to these appellants, but also gave a direction for taking steps for regular appointment, cutting out the gross arbitrariness and ad-hocism, which was noticed in the manner of such engagement.