- (1.) Writ Petition No. 785/95 has been filed by Mrs. P. K. Sandhu, one of the in-service officers in the Lok Sabha Secretariat, seeking issue of a writ of Quo Warranto against respondent Nos. 5 to 10 to show their functioning in their respective capacities, viz., Respondent Nos. 5 and 6 as Additional Secretaries, Respondents Nos. 7 to 9 as Joint Secretaries and Respondents No. 10 as Secretary to the Speaker, Lok Sabha. After perusal of the relevant Rules, this Court after hearing the counsel at length passed the following order on August 2, 1996: "The petitioners, in-service officers in the Lok Sabha Secretariat, are questioning in this writ petition the appointments of respondent Nos. 5 to 9, two Addl. Secretaries and three Joint Secretaries, on deputation. Article 98 of the Constitution provides for Secretariat to each House of Parliament and the secretarial staff to assist the Hon'ble Speaker and Hon'ble the Chairman of the Rajya Sabha respectively. Under its proviso, common posts in both Houses of Parliament is permissible. By operation of Article 98(2) the Parliament may by law, regulate the recruitment, and the conditions of service of persons appointed, to the secretarial staff of either House of Parliament. Until the provision is made in this behalf by the Parliament, clause (3) of the Article provides that the President may, after consultation with the Speaker of the House of the People or the Chairman of the Council of States, as the case may be, make rules regulating the recruitment, and the conditions of service of persons appointed, to the secretarial staff of the House of the People or the Council of States, and any rules so made shall have effect subject t the provisions of any law mad e under the said clause. In exercise of the said power under Clause (3) of Article 98 the President of India after consultation with the Speaker framed rules called the Lok Sabha Secretariat (Recruitment and Conditions of Service) Rules, 1955. Rule 4 provides the method of recruitment. Sub-rule (1) Clause (a) provides method by promotion of any person employed in the Secretariat; Clause (b) by permanent transfer or deputation of a person serving outside the Secretariat in connection with the affairs of the Union or of a State; (c) by direct recruitment. Sub-rule (2) of Rule 4 empowers the Speaker by order to specify the method or methods by which post or class of posts may be filled, determine the proportion of vacancies to be filled by such method and in case of recruitment by promotion, specify the class of officers who, and the conditions subject to which they, shall be eligible for such promotion from time to time. Rule 5 prescribes the qualifications for recruitment with which we are not presently concerned. It would appear that though from time to time the Rules came to be amended with regard to the recruitment and appointment of various officers, as regards the appointment to the posts of Secretary and Joint Secretaries initially they remained appointment by promotion 100% and no amendment in that behalf came to be made. It would appear that due to increase in the work in the Lok Sabha Secretariat the Speaker convened the meeting of the opposition leader and Floor leaders of all the political parties. Thrice, the leaders had met and they have decided certain procedure to be adopted in recruitment to the posts of various categories. For the posts of Secretaries which include Additional Secretaries and Joint Secretaries, suggestions came to be made for appointment by promotion, so long as the in-service candidates are available and merit and ability alone should be taken into consideration in giving promotions. Where in-service candidates are not available for promotion, candidates serving outside the Secretariat would be taken on deputation. Pursuant to that recommendation of the Committee, the Secretary General has called for the prevailing procedure in other departments. At that stage, pending decisions, respondent Nos. 5 to 10 came to be drafted on deputation as Additional Secretaries and Joint Secretaries. It is seen that the statutory rules having been made, one of the methods as provided under rule 4(1)(b) is, by deputation, it would be obvious that drafting the officers serving in the U. O. I. or States outside the Lok Sabha Secretariat would be inconsistent with, unless suitable amendments are made to the Rules. When we have asked the learned counsel for respondents to place before us any order that might have been passed by Hon'ble the Speaker in that behalf, he placed the entire record before us. We have perused the record and found that there is no statutory amendment to the rules came to be made. We find some orders but do not cover aforesaid offences. We are assured by the learned counsel that expeditious steps would be taken to have the rules amended as per law and place before us for further consideration. It would be obvious that to improve efficiency of administration and all to enthuse discipline and inculcate among in-service officers the spirit of competence, efficiency and excellence, opportunities for promotions are necessary. It would provide impetus, to achieve the above objectives. This aspect also needs to be kept in view in amending the rules. The counsel sough for and is granted two months' time to take the steps in that behalf and place before us the relevant amended rules for further hearing in the matter. Post immediately after two months."
(2.) In furtherance thereof, the Speaker amended the Rules and issued the Order dated October 19, 1996. It has been duly published and came into force with effect from October 19, 1996. The title of the Order reads as under: "The Lok Sabha Secretariat (Methods of Recruitment and Eligibility Conditions for Appointment) Amendment Order, 1996."
(3.) By operation of Clause (2), this order has come into force with immediate effect. The method of recruitment, eligibility conditions for appointment for the posts of Joint Secretary, Additional Secretary and Secretary General in the Lok Sabha Secretariat shall be, by operation of Rule 1 thereof, as indicated in the Scheduled attached thereon.;