ALOK BURMAN Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard the parties.

(2.) The petitioner has approached this Court with the following prayers:-

(3.) Sans details, the facts as averred in the writ petition, in a nutshell is that an advertisement was published on 27.05.2013 in newspapers of the State of Jharkhand for inviting application from the persons eligible to be appointed on various posts under the Integrated Child Protection Scheme (ICPS). The name of the posts and number of posts have also been mentioned in the aforesaid advertisement. The petitioners applied for appointment on different posts pursuant to the aforesaid advertisement and accordingly, they appeared in the written examination followed by interview, held by the Selection Committee. They have been finally selected for appointment and accordingly, the appointment letters were issued in their favour under different letter numbers and they were posted in different districts. It is stated that after their appointments, the petitioners were sent for training at Rashtriya Jan Sahyog Evam Bal Vikas Sansthan, Kshetriya Kendra, Lucknow and the successfully completed their training. In this regard, Regional Director of the Training Institute has also issued certificate to them. The petitioners had worked satisfactorily under the respondents and for their satisfactorily working, the Principal Magistrate, Juvenile Justice Board has issued certificate to some the petitioners and the District Welfare Officer has issued certificate to other petitioners, showing their excellent performance on their respective posts on which the petitioners were appointed and working. It is stated that vide letter dated 11.02.2014, the Director- cum-Member Secretary, Jharkhand State Protection Society issued a direction to all the Secretaries, State Legal Service Authorities, Govt. of Jharkhand for taking necessary support and assistance of District Child Protection Society Staff specially the Legal -cum-Probation Officer for proper implementation of Juvenile Justice Act and Rules. It is stated that 65 posts in District Child Protection Unit (DCPU) has already been filled up, two posts in State Adoption Resource Agency (SARA) and three posts in State Child Protection Society have been filled up and all the aforesaid posts were in fact occupied by the petitioners after their appointment in accordance with law. At the time of appointment; admittedly, the State Government had not made any Rule rather appointment of the petitioners were made pursuant to the Provision for Selection Process given in the scheme of ICPS. Recently, the State of Jharkhand has come out with a Rule under Article 309 of the Constitution of India and the said Rule is published vide Notification No. 1835 dated 20.07.2016, which inter-alia envisages the persons to work after appointment for a total period of five years and after appointment if such persons continued till five years, the said person has to undergo through fresh recruitment process. It is further the case of the petitioners that the Director, Jharkhand State Child Protection Society issued an Advertisement in Prabhat Khabar dated 15.12.2016 by which all the State level and District level posts under the said Jharkhand State Child Protection Society were advertised for appointment and the posts on which the petitioners are working have also been advertised in the said advertisement. In the meantime, vide order dated 21.09.2016, the respondent No. 2 has extended the period of continue of the services of the petitioners till further order since the appointment against the posts, which are presently being held by the petitioners are being made pursuant to the fresh Advertisement vide advertisement dated 15.12.2016. Thereafter, the petitioners represented before the Principal Secretary, Women Child Development & Social Securities Department, Govt. of Jharkhand on 21.12.2016, requesting not to advertise and filled up the posts on which the petitioners are rendering their services/ duties, but unfortunately, no step have been taken by the respondents. Left with no other efficacious, alternative and speedy remedy, the petitioners have been constrained to approach this Court invoking the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India for redressal of their grievances.