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2011 DIGILAW 1138 (JHR)

Amit Kumar v. State of Jharkhand

2011-12-23

PRASHANT KUMAR

body2011
ORDER This application has been filed for quashing the Agenda No. 10 of the Proceeding dated 12.11.2011 (Annexure-6), whereby respondent no. 5 took a decision to fill up vacant posts of Amin and decided to issue advertisement. 2. It is submitted that the Collectorate of Dhanbad prepared a panel of Amin in pursuance of an advertisement vide Annexure-2, in which names of petitioners find place at Serial no. 4 & 8. Thereafter, petitioners were deputed in Jharia Rehabilitation Development Authority, Dhanbad, (hereinafter referred as 'JRDA') where they were discharging their duties as Amin. It is submitted that all of a sudden on 12.11.2011, JRDA took a decision to fill up two posts of Amin through open advertisement. It is submitted that since the petitioners were deputed in the JRDA by the Collectorate of Dhanbad, therefore, it is not open for the JRDA to fill up the posts of Amin through open advertisement, because if the JRDA will do so, then it will amount to removing the petitioners from the posts of Amin where they were deputed by Dhanbad Collectorate. 3. The aforesaid submission is not convincing. From perusal of Annexure-1, it is clear that the life of the panel prepared is only for one year. Annexure-2 reveals that the panel was prepared on 12.03.2008. Thus, the panel lost its force in the year 2009 itself. Therefore, on the basis of aforesaid panel, petitioners cannot claim to continue as Amin. It is not out of place to mention that JRDA is a separate legal entity, thus, it has all right to appoint its own Amin after following the procedure of appointment. 4. Considering the aforesaid facts and circumstances, I find no illegality in the decision of the JRDA as contained in Clause-10 of Annexure-6 . Accordingly, I find no merit in the prayer of petitioners. 5. So far the second prayer i.e. for issuance of a direction to respondents for making payment to the petitioners is concerned, it appears that JRDA vide its Resolution dated 12.11.2011 already took a decision for payment of remuneration to the petitioners as per the Circular of Finance Department. Under the said circumstance, JRDA is directed to pay the aforesaid remuneration amount within eight weeks from the date of production of this oder by the petitioners, if the said amount has not been paid till today. 6. Under the said circumstance, JRDA is directed to pay the aforesaid remuneration amount within eight weeks from the date of production of this oder by the petitioners, if the said amount has not been paid till today. 6. However, it is made clear that if JRDA advertised the posts of Amin for fresh appointment, then it is open for the petitioners to apply for the said posts and their case be considered by the respondents in accordance with law. 7. With the aforesaid observation and direction, this writ application is disposed of.