- (1.) Special leave granted. We have heard learned counsel for the parties as also the intervenors.
(2.) The State Administrative tribunal has vacated the recruitment made under the Authority of the Director General of Police on the finding that he had no authority to make the recruitnent and the rules which were intended to be brought into force under the proviso to Article 309 of the Constitution were still in a draft stage. In view of the intention evinced by the government that statutory rules would be operative, we are in agreement with the tribunal that there was no scope for administrative instructions under Article 162 of the constitution to cover the recruitment. Ad hoc recruits (respondents) and those who were recruited under the authority of the Directorgeneral of Police have thus been rightly equated by the tribunal. We see no justification to take a different view.
(3.) The State of Orissa is not a party before us but in view of the admitted position that statutory rules were intended to be brought into force, we direct the State of Orissa to frame the rules within two months from today. At any rate, the rules shall become operative from 1/04/1988. Within three months from that date, the recruitment should be made under the rules and the vacancies now existing and which may come to exist should be filled up in accordance with the provisions of the rules. We direct the State of Orissa to comply with this order.;