KANAN BALA TIRKEY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE petitioner seeks a direction upon the respondents to make appointment on the post of Assistants in the Vidhan Sabha Secretariat strictly as per the provisions of Jharkhand Vidhan Sabha Secretariat (Recruitment and Condition of Services) Rules, 2003 and on the basis of the advertisement issued by respondent No. 2 and published in the Newspaper dated 20.12.2003 and further for quashing the advertisement issued by Incharge Secretary of the Jharkhand Vidhan Sabha, Ranchi on 29.12.2002 not to make appointment on the basis of said advertisement.

(2.) PETITIONER 'scase is that the Jharkhand Vidhan Sabha (Recruitment and Condition of Services) Rules, 2003 (in short the 'Rules ') has been published in Jharkhand Gazette on 10.3.2003 making provision for constitution of appointment committee for the purpose of recruitment of staff in Jharkhand Vidhan Sabha Secretariat. On 20.12.2003 advertisement for appointment has been issued by the Speaker of the Vidhan Sabha for appointment on the post of Assistant. The last date for submission of applications for the post of Assistant was 3.1.2004. It is alleged that although appointment have to be made as per statutory Rules but respondent Nos. 3 and 4 illegally started taking steps for back door appointment of 52 candidates who have been called for the written test and for which written examination was held on 17.1.2004. It is contended that all those 52 persons who have been called for written test were earlier appointed illegally by the then Speaker, Bihar Vidhan Sabha. The said appointment was challenged before the Patna High Court in CWJC No. 7995/ 1990 and all the appointments of Assistant numbering about 285 persons was declared illegal and quashed. The said judgment of Single Judge of the Patna High Court was challenged in Letter Patent Appeal which was also dismissed. The appeal filed before the Supreme Court was also dismissed and thereafter Bihar Vidhan Sabha Secretariat issued order dated 10.12.1996 terminating the services of all those employees. Allegation has been made that 52 dismissed/terminated employees of Bihar Vidhan Sabha have been issued back door admit cards by the Speaker of the Jharkhand Vidhan Sabha for appearance in the written test.

(3.) THE contesting respondent Nos. 3 and 4 have filed counter affidavit stating inter alia that first advertisement dated 29.12.2002 was issued considering the facts that Assembly was facing difficulties in its functioning on account of shortage of staff having only 7 Assistants. The aforesaid advertisement laid down different conditions, one of the essential conditions in the advertisement being three year 'sexperience in any Legislative Establishment. Subsequently, post in the Jharkhand Legislative Assembly were notified and in pursuance of which second advertisement was brought out after lapse of about one year in which apart from the post of Assistant, post of drivers and grade IV posts were also advertised. So far second advertisement is concerned, over a lac of applications have been received which are yet to be processed. It is contended that first advertisement was made in the interest of administration and day -to -day running of the Jharkhand Legislative Assembly. Respondents further case is that in view of the observation made in LPA No. 20/1995 and having regard to the immediate need of staff in the Assembly, first advertisement was issued.