LAWS(JHAR)-2017-3-17

JHARKHAND RAJYA GRAM RAKSHA DAL (IN W.P.(S) NO. 3894 OF 2015) Vs. THE STATE OF JHARKHAND (IN ALL THE CASES)

Decided On March 02, 2017
Jharkhand Rajya Gram Raksha Dal (In W.P.(S) No. 3894 Of 2015) Appellant
V/S
The State Of Jharkhand (In All The Cases) Respondents

JUDGEMENT

(1.) As common question is involved in all these writ petitions, these writ petitions are taken up together and are decided by this common order.

(2.) Heard learned counsel for the petitioners and learned counsel for the State in all these writ applications.

(3.) The petitioners in all these writ petitions were working as Dalpaties and they are claiming appointments to the post of Panchayat Secretary on 50% vacancies to be filled up through Dalpaties, as provided under Rule-5 of Jharkhand Panchayat Sachiv (Niyukti Sevashart Ewam Kartavya) Niyamawali, 2002 [hereinafter referred to as '2002 Rules' in short]. They are aggrieved by the fact that when their cases were recommended by the District Level Selection Committee for being appointed on the post of Panchayat Secretary and were sent for approval to the Director, Panchayati Raj, Government of Jharkhand, their matters were kept pending by the Director, and in the mean time the new Rules were promulgated on 02.07.2015, being Jharkhand Panchayat Sachiv (Niyukti Sevashart Ewam Kartavya) Niyamawali, (Sanshodhit) 2014 [hereinafter referred to as '2014 Rules' in short], according to which all the vacancies to the post of Panchayat Secretary, are now required to be filled up through direct recruitment only. Pursuant to the promulgation of the 2014 Rules, by separate letters dated 06.07.2015, issued by the Director, Panchayati Raj, Government of Jharkhand, to Deputy Commissioners of different Districts, the lists of the recommended candidates were returned back to the Deputy Commissioners of the respective Districts, stating that new 2014 Rules have already come in force on 2.7.2015.