JT2008 (2) SC 464
S.B. Sinha & V.S. Sirpurkar,. JJ.
State of Jharkhand & Ors. – PETITIONER
Versus
Bijay Kumar & Ors. – RESPONDENT
CIVIL APPEAL NO. 1270 of 2008
Arising out of SLP (C) No.16466 of 2006)
Decided on: 14/02/2008
(Paras 10 & 11)
Service Law–Appointment–Citizens have human right of development and offer of appointment should be directed to be made only on merit–Only because some persons have obtained an order from the Supreme Court, the same should not be extended to others to which they are not otherwise entitled to–Weightage in service over the new applicants refused to be extended.
(Para 14)
JUDGMENT: S.B. Sinha, J. Leave granted.
1. Respondents herein were appointed on ad hoc basis in Frozen Semen Bank Project as Technical Assistants in the Department of Animal Husbandry of the Government of Bihar. The said appointments were made by the Regional Director, Animal Husbandry, Ranchi.
2. In the year 1996, a scam known as Fodder Scam came to light and all unauthorized appointments were declared illegal by the State, inter alia, on the premise :
1. The Regional Director, Animal Husbandry, Ranchi was not competent to make any such appointment.
2. No advertisement was issued before making such appointment.
3. No reservation policy was followed.
4. The number of persons appointed, were much more than the sanctioned post and
5. Besides these many other rules and norms of appointment were also flouted.
3. Pursuant thereto or in furtherance thereof, the services of the respondents were terminated in 1997. Services of some other employees were also terminated on 23.10.1998. They filed writ petitions before the then Ranchi Bench of the Patna High Court, which were dismissed.
4. Letters Patent Appeals preferred thereagainst were also dismissed observing that in the event their cases are considered for appointment, relaxation in respect of age and weightage in the future appointment should be given.
5. One Umakant Sinha and others approached this Court. By a judgment and order dated 23.7.2003, this Court while opining that ad hoc appointees have no right to claim regularization in the service, directed :
In this view of the matter, we direct the State of Jharkhand to consider at the earliest for recruiting Technical Assistant for the Semen Bank Project and ti fill up the existing vacancies within a period of three months from today. For that purpose the Respondent-State is directed to constitute a Selection Committee as per the existing Rules within a period of three months from today.
(ii) The appellants whose services are terminated may apply to the Secretary of the Animal Husbandry Department within a period of one month for being re-appointed or for regularization of their services. The Committee shall consider the eligibility, suitability, past record as well as the educational qualifications of the appellants as per the rules as on today.
(iii) The Committee shall give relaxation of age and weightage over outsiders as directed by the High Court. However, if the appellants are found unsuitable for some reasons, it would be open to the Committee to reject their applications.
Appropriate authority shall issue orders for appointment after considering the roster and the merit list, on available vacancies.
The appeals stand disposed of accordingly. There shall be no order as to costs. We, however, make it clear that this case shall not be treated as precedent as we have decided it purely on the facts and in the peculiar circumstances of this case. (Emphasis supplied)
6. An interlocutory application was filed for extension of time to comply with the said order and by an order dated 2.12.2003, three months time was granted for constitution of the Committee. It was clarified that directions by this Court were in relation to the appellants in the said appeals.
7. Another writ petition, however, was filed in the High Court of Jharkhand which came into being in November 2000 by Bijay Kumar and others. The said writ petition was also dismissed by an order dated 6.2.2004. Special Leave Petitions were also filed thereagainst and by a judgment and order dated 10.4.2006, a Bench of this Court directed:
We are of the view that the issue should be resolved finally and should not be kept pending. The earlier order of this Court was passed on 23.7.2003. The right to be selected thereunder cannot continue indefinitely. Therefore, we direct : (1) that the Respondent-Authority shall advertise in the local newspapers having wide circulation of the holding of selections for the purpose of filling of those vacancies which according to the Rules, are to
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.