D.N. Patel, J. - (1.) COUNSEL for the opposite parties is unable to point out that why the order dated 19th December, 2006 in W.P.(S) No. 7079 of 2006 has not yet been complied with. It is submitted by the counsel for the opposite parties ­State that the State Government is drafting the rule and doing all needful for appointment of Director AYUSH
(2.) LOOKING to the supplementary affidavit, this Court is not at all satisfied with the explanation of the Chief Secretary of the State about some drafting for several other posts and financial liabilities involved in the matter. The order passed by this Court in W.P.(S) No. 7079 of 2006 is only for one post i.e. for the post of Director AYUSH. It has become fashion in the State of Jharkhand that several key posts are kept deliberately vacant by high ranking Secretaries so that the post is filled up by In ­chargeship or on ad hoc basis instead of a regular appointment. These type of attitude of the State Government to fill up the key posts on ad hoc basis/In ­chargeship basis creates lot of dis ­satisfaction amongst the candidates, eligible for the post in question. It has a direct nexus with their efficiency and sincerity. Enough time has elapsed after the order has been passed in the writ petition. The State has failed to explain why such a long time from 2006 onwards has been taken. I therefore, direct the Chief Secretary of the State to file a detailed affidavit that within what time this order shall be complied with. The reason which are stated in this supplementary affidavit especially in paragraph Nos. 5 and 6 thereof are not up to the mark of satisfaction. It has been stated by the opposite parties that there are several other posts for which the rules are going to be drafted which fetches the financial liabilities. Non ­compliance of the order, against which this contempt application is preferred talks about only one post i.e. Director AYUSH and therefore, what is running in the mind of the State authorities is not clear from paragraph Nos. 5 and 6 of the supplementary affidavit. Further detail affidavit shall be filed by the Respondents on or before the next date of hearing.
(3.) POST this matter on 4th March, 2011.;