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1997 Supreme(SC) 558

K.RAMASWAMY, D.P.WADHWA
P. K. Sandhu – Appellant
Versus
Shiv Raj V. Patil: Honble Speaker, Lok Sabha – Respondent


ORDER

Writ Petition No. 785/95 has been filed by Mrs. P.K. Sandhu, one of the in service officers in the Lok Sabha Secretariat, seeking issue of a writ of Quo Warranto against respondent Nos. 5 to 10 to show their functioning in their respective capacities, viz., Respondent Nos. 5 & 6 as Additional Secretaries, Respondent Nos. 7 to 9 as Joint Secretaries and Respondent No. 10 as Secretary to the Speaker, Lok Sabha. After perusal of the relevant Rules, this Court after hearing the counsel at length passed the following order on August 2, 1996 :

"The petitioners, inservice officers in the Lok Sabha Secretariat, are questioning in this writ petition the appointments of respondent Nos. 5 to 9, to Addl. Secretaries and three Joint Secretaries, on deputation. Article 98 of the Constitution provides for Secretariat to each House of Parliament and the secretarial staff to assist the Hon ble Speaker and Hon ble the Chairman of the Rajya Sabha respectively. Under its proviso, common posts in both Houses of Parliament is permissible. By operation of Article 98(2) the Parliament may by law, regulate the recruitment, and the conditions of service of persons appointed, to the secretarial staff of





























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