Ad hoc employees cannot be replaced with other ad hoc employees; replacement must be by regular appointments according to established legal principles.

JUDGMENT :

RAJESH SHANKAR, J.

1. The present writ petition has been filed for quashing the notification as contained in memo no. 395 dated 19.02.2021 (Annexure-6 to the writ petition) issued by the Director-cum- Joint Secretary, Department of Rural Development (Panchayati Raj), Government of Jharkhand whereby, according to the petitioners, they being the ad hoc employees are sought to be replaced by another set of ad hoc employees. Further prayer has been made seeking a declaration that the ad hoc employees cannot be replaced by another set of ad hoc employees on same eligibility criteria and to further hold that the respondent authorities are duty bound to regularize the petitioners in the light of the judgment passed by the Hon’ble Supreme Court in the case of ‘Narendra Kumari Tiwari Vs. State of Jharkhand’ instead of making ad hoc irregular appointment by adopting shortcut method.

2. Learned counsel for the petitioners submits that for effective and efficient functioning of Gram Panchayats in the State of Jharkhand, the Department of Rural Development (Panchayati Raj), Government of Jharkhand, vide notification as contained in memo no. 689 dated 26.02.2016 issued by the Secretary, Department of Rural Development (Panchayati Raj), Government of Jharkhand (the respondent no.1), directed that 10% of the total amount granted by the 14^th Finance Commission would be spent on administrative and technical support of ‘Gram Panchayats’. The Department of Rural Development (Panchayati Raj) thereafter sanctioned 1467 posts of Accounts Clerk-cum-Computer Operator (one Accounts Clerk- cum-Computer Operator for three Panchayats each), 526 posts of Junior Engineers (two Junior Engineers in each Block), 263 posts of Assistant Engineer (one Assistant Engineer in each Block) and 24 posts of Executive Engineer (one Executive Engineer in each district). Subsequently, the Department of Rural Development (Panchayati Raj), Government of Jharkhand laid down the requisite qualifications as well as process for appointment and conditions of services in detail, which provided that the Executive Engineers and Assistant Engineers would be appointed by the Department of Rural Development (Panchayati Raj), Government of Jharkhand on the basis of recommendations made by the State Level Selection Committee. whereas the Junior Engineers and Accounts Clerk-cum- Computer Operators would be appointed by the Deputy Commissioner of the concerned district on the basis of the recommendations made by the District Level Selection Committee.

3. It is further submitted that pursuant to Advertisement No. 01/2016, the petitioners applied for the post of Junior Engineer (petitioner nos. 1 to 5 for Godda District and petitioner no. 6 for Garhwa District). Subsequently they were called for Efficiency Test and Computer Test in which they were declared successful and selected for appointment on the said post on contract basis.

4. Learned counsel for the petitioners also submits that their appointment made on contractual basis was an ad hoc appointment as the same was sanctioned against vacant post, however for a particular period. The petitioners were appointed under the 14^th Finance Commission which ended on 30.3.2020, however they were provided extension of their contractual engagement even after expiry of the said period.

5. It is further submitted that the petitioners were appointed on the said posts under the 14^th Finance Commission for the purpose of carrying out and discharging the works related to ‘Gram Panchayats’ and they were paid salary from the amount granted to ‘Gram Panchayats’ by the 14^th Finance Commission which cam