Virender Singh, J.

One of the main issues raised in the writ petition is, “whether appointment of the Chairman, Permanent Lok Adalat under Section 22B of the Legal Services Authorities Act, 1987 must always be made for a term of five years in terms of Permanent Lok Adalat (Other Terms and Conditions of Appointment of Chairman and Other Persons) Rules, 2003 ?”

2. Challenging the Notification No. 08 of 2015 dated 18.09.2015 to the extent the term of the Chairman, Permanent Lok Adalat, the post on which the petitioner was appointed for an initial period of two years, was extended only for a further period of one year as illegal, arbitrary and dehors the provisions of 1987 Act and 2003 Rules, the present writ petition has been filed.

3. The facts of the case pleaded by the petitioner are summarised thus;

The petitioner who served as a judicial officer for more than 26 years with utmost integrity and sincerity, retired as Additional District and Sessions Judge. In response to a notice for appointment on the post of Chairman, Permanent Lok Adalat, the suitability of the petitioner was assessed by the respondent Jharkhand State Legal Services Authority and finally, vide Notification No. 05 of 2013 dated 29.08.2013, along with 14 other persons the petitioner was appointed as the Chairman, Permanent Lok Adalat. The petitioner assumed the charge of Chairman of Permanent Lok Adalat, Garhwa on 11.09.2013. The Member Secretary, JHALSA issued letter dated 22.07.2015 to the District Judge-cum-Chairman, District Legal Services Authority of all the districts in which appointment of Chairman, Permanent Lok Adalat was made vide Notification dated 29.08.2013, to forward the number of cases instituted and the number of cases disposed of during the tenure of the respective Chairman, Permanent Lok Adalat with a brief report on their working and their willingness to continue on the said post for rest of 3 years. The petitioner vide letter dated 27.07.2015 gave his willingness for continuing as Chairman, Permanent Lok Adalat for the remaining three years' period. However, vide Notification No. 08 of 2015 dated 18.09.2015 the tenure of appointment of the petitioner along with one Roshan Lall Sharma was extended for a further period of one year whereas, by a separate Notification dated 18.09.2015 the tenure of appointment of 10 other Chairman, Permanent Lok Adalats was extended for rest of three years. The petitioner contends that Notification No. 08 of 2015 dated 18.09.2015 is discriminatory and it is stigmatic in as much as, it gives an impression as if, the petitioner's performance is not upto the mark.

4. Heard the learned counsel for the parties and perused the documents on record.

5. Mr. Indrajit Sinha, the learned counsel for the petitioner submitted that the post of Chairman, Permanent Lok Adalat is a tenure post for which Rule 4 of the Permanent Lok Adalat (Other Terms and Conditions of Appointment of Chairman and Other Persons) Rules, 2003 fixes a term of five years and in no eventuality except, resorting to Rule 5 the tenure of five years can be curtailed and appointment on the post of Chairman, Permanent Lok Adalat can not be made for a period less than five years. It is contended that by accepting Notification dated 29.08.2013 whereunder, the appointment as Chairman of Permanent Lok Adalat was made for an initial period of two years, the petitioner has not waived his right to continue as Chairman for a term of five years. The procedure for removal of the Chairman or other persons as prescribed under Rule 5 has not been resorted to and thus, the right of the petitioner to hold the post of Chairman for the remaining period of three years cannot be curtailed arbitrarily by granting extension for one year only.

6. Per contra Ms. Khushboo Kataruka, the learned counsel for the respondent JHALSA submitted that Rule 4 (2) of 2003 Rules merely provides that the Chairman and other persons of Permanent Lok Adalat can hold office upto five years, ho