VIJAYANAND SINGH Vs. JHARKHAND PUBLIC SERVICE COMMISSION, RANCHI

JUDGEMENT

(1.) The instant writ petition has been preferred mainly for getting appointment to the post of Personal Assistant, by quashing and setting aside the order dated 1st October, 2011, which is at Annexure-10 to the memo of petition, whereby, the services of the petitioner have been brought to an end. Learned counsel for the petitioner submitted that the petitioner was appointed on 16th June, 2005 as a Personal Assistant for a period of one year and thereafter, his services were extended and subsequently, by virtue of the impugned order, his services have been brought to an end.

(2.) Learned counsel for the respondents submitted that the petitioner had been appointed by way of back-door entry in the public employment. Never any advertisement was given for the post, which was given to the petitioner and therefore, the petitioner has no right to be appointed on a public post, without there being a public advertisement, nor the petitioner has competed with other similarly situated candidates and therefore, his very appointment as a Personal Assistant was illegal and. therefore, the employees appointed through back-door entry, should immediately be terminated and their services should be brought to an end. Moreover, the petitioner was employed on contract basis, looking to the public exigency and public need for the time being and hence, such type of appointment cannot be given any statutory light in the petitioner nor it creates any obligation also on the part of the respondents and thus, no writ of mandamus may be issued upon the respondents.

(3.) Having heard learned counsel for both the sides and looking to the facts and circumstances of the present case. 1 see no reason to entertain this writ petition, mainly for the following facts and reasons: