- (1.) In this writ petition the petitioner has challenged the Notification No. 134-PA dated 22-5-1974 and Notification No. 135-PA dated 22-5-1974 both issued by Home (Parliamentary Affairs) Department, Government of West Bengal in so far as they relate to methods of recruitment and qualifications for promotion to the post of Deputy Secretary in the Secretariat of the West Bengal Legislative Assembly. The petitioner has prayed for various reliefs.
(2.) The petitioner is an Assistant Secretary in the Secretariat of the West Bengal Legislative Assembly. As no law as contemplated in Article 187 (2) of the Constitution of India has been made by the State Legislature, the Governor after, consultation with the Speaker of the Legislative Assembly framed; rules regarding the recruitment and conditions of service of persons appointed to the secretarial staff of the Assembly, that called the West Bengal Legislative Assembly Secretariat Rules, 1953 (hereinafter called the Recruitment Rules 1953), A copy of these Rules is Annexure 'A' to the writ petition.
(3.) In exercise of powers conferred by Rule 7 (1) (c) of the Recruitment Rules 1953 the Governor after consultation with the Speaker determined the methods of recruitment and qualifications for filling the posts of Secretary, Deputy Secretary, Assistant Secretary and other posts of officers of the Assembly Secretariat which are included in West Bengal General Service, by a Notification No. 437 AR dated 24-2-1955. A copy of this notification is Annexure 'B' to the writ petition.;