AMIT KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This application has been filed for quashing the Agenda No. 10 of the Proceeding dated 12.11.2011 (Annexure-6), whereby respondent No. 5 took a decision to fill up vacant posts of Amin and decided to issue advertisement.

(2.) It is submitted that the Collectorate of Dhanbad prepared a panel of Amin in pursuance of an advertisement vide Annexure-2, in which names of petitioners find place at Serial No. 4 & 8. Thereafter, petitioners were deputed in Jharia Rehabilitation Development Authority, Dhanbad, (hereinafter referred as 'JRDA'). where they were discharging their duties as Amin. It is submitted that all of a sudden on 12.11.2011, JRDA took a decision to fill up two posts of Armin through open advertisement. It is submitted that since the petitioners were deputed in the JRDA by the Collectorate of Dhanbad, therefore, it is not open for the JRDA to fill up the posts of Amin through open advertisement, because if the JRDA will do so, then it will amount to removing the petitioners from the posts of Amin where they were deputed by Dhanbad Collectorate.

(3.) The aforesaid submission is not convincing. From perusal of Annexure-1, it is clear that the life of the panel prepared is only for one year. Annexure-2 reveals that the panel was prepared on 12.03.2008. Thus, the panel lost its force in the year 2009 itself. Therefore, on the basis of aforesaid panel, petitioners cannot claim to continue as Amin. It is not out of place to mention that JRDA is a separate legal entity, thus, it has all right to appoint its own Amin after following the procedure of appointment.