OM PRAKASH Vs. SPEAKER RAJASTHAN
HIGH COURT OF RAJASTHAN
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K.S.SIDHU, J. -
(1.)THE Petitioners In This Application Under Article 226 Of The Constitution of India are employed on non -gazetted posts on the Secretariat Staff of the Rajasthan Legislative Assembly. They are seeking herein manifold relief including an appropriate writ against the Speaker, Rajasthan Legislative Assembly, the State of Rajasthan and some other functionaries prohibiting them from paying any amount to the gazetted officers of the secretarial staff of the Rajasthan Legislative Assembly by way of honorarium.
(2.)THE Assembly Secretariat consists of a Secretary, a number of other gazetted officers and a large number of ministerial officials and class IV servants Article 187 of the Constitution lays down, inter alia, that until provision is made by the Legislature of the State, the Governor may, after consultation with the Speaker of the Legislative Assembly, make rules regulating the recruitment, and the conditions of service persons appointed to the secretariat staff of the Assembly and any rules so made shall have effect subject to the provisions of any law made under clause (2) of this Article. It is common ground between the parties that the Rajasthan Legislative Assembly has not so far made any law regulating the recruitment and the conditions of service of persons appointed to the secretarial staff. The Governor of Rajasthan has, however, framed rules under Article 187, after consultation with the Speaker of the Rajasthan Legislative Assembly, regulating the recuirtment and conditions of service of persons appointed to the secretariat staff. These rules called the Rajasthan Legislative Assembly Secretariat (Recruitment and Conditions of Service) Rules, 1952, and will hereafter be referred to as the Assembly Secretariat Rules for the sake of brevity.
It appears that the Governor of Raj, has been sanctioning on yearly basis two -fold expenditure, namely, (i) at the 'discretion' and (ii) at the 'disposal' of the Speaker of the Rajasthan Legislative Assembly. The expenditure is provided for out of a budgetary head from out of the Consolidated Fund of the State. For example, the discretionary grant placed at the disposal of the Speaker under category (i) for the year 1983 -84 is Rs. 10,000/ - and an additional grant of Rs. 50,000/ - has been placed at his disposal under categor (ii) for the same year.
(3.)THE case of the petitioners is that both these grants, though placed at the disposal and discretion of the Hon'ble Speaker, can be administered and expended by him subject to the Assembly Secretarial Rules and the Rajasthan Service Rules,1951, as amended from time to time. On the other hand, the stand taken by the learned Advocate General appearing on behalf of the respondents including the State of Rajasthan and the Speaker of the Rajasthan Legislative Assembly is that though the grant sanctioned by the Governor under category (i) is administered by the Speaker subject to certain rules (item No. 3 annexed to the writ petition), approved by the Governor of Rajasthan, there is on such restriction under rules or otherwise on the power of the Speaker in the matter of expenditure by him from the amount placed at his disposal under category (ii) and that, therefore, the Speaker may, in his unfettered discretion, make payment of any amount out of the budget allocation under category (ii) to any persons including a person appointed to a post or service under the administrative control or in connection with the affairs of the State of Rajasthan.
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