M.Y. Eqbal, J. - (1.) IN this writ application the petitioners have prayed for issuance of writ in the nature of mandamus commanding upon respondents to absorb them on the post of reporters in Jharkhand Vidhan Sabha and also for a direction to the respondents not to make any appointment pursuant to the advertisement published in the Newspaper dated 9.6.2005.
(2.) THE facts of the case lie in a narrow compass : In the year 2002 petitioners were appointed on the post of reporters on contractual basis after they were declared successful in the examination conducted by the respondents. Petitioners joined on different dates in the month of February 2002. Petitioners' services were time to time extended by different orders passed in between 2003 and 2005. Petitioners said to have been continued to work as reporters since the date of their joining. In the year 2004 petitioners made representation for their absorption on the post of reporters. But instead of absorbing the petitioners, posts have been advertised for regular appointment. Respondents in their counter affidavit have stated that petitioners were appointed purely on contractual basis as stop gap arrangement on consolidated remuneration for a period of 3 -1/2 months, for the sole purpose of functioning of the State Assembly. In the year 2005, it was finally decided to fill up the post of reporters on regular basis and for which advertisement was published on 9.6.2005. It is stated that petitioners applied against the said advertisement and three of them duly appeared in examination conducted by the Jharkhand Vidhan Sabha. Admit Cards were duly issued to all the applicants including the petitioners. Lastly, it is stated that appointment of the petitioners was purely on contractual basis and there is no provision for regularization of their services in the rules framed by the State Assembly under Article 187 of the Constitution of India.
(3.) I have heard Mr. Indrajit Sinha, learned Counsel for the petitioners and Mr. Delip Jerath, learned counsel for the respondents.;