HEM CHANDRA SAIKIA AND OTHERS Vs. STATE OF ASSAM AND OTHERS

JUDGEMENT

(1.) In this application under Art. 226 of the Constitution, petitioners, who are the employees of the Assam Legislative Assembly Secretariat, have questioned the validity of the Assam Legislative Assembly Secretariat (Recruitment and Conditions of Service) Rules, 1980 I for short "Rules").

(2.) Facts, - On 26-3-51 the Assam Legislative Assembly appointed a committee to make recommendation as to the method of regulating the recruitment, and conditions of service of the persons appointed, to the secretarial staff of the Assembly. The recommendation of the committee relating to the recruitment and conditions of service was placed before the Legislature of the State of Assam. The Legislature adopted the recommendation by a resolution passed on 1-9-51 (which we shall refer to as the "Resolution"). Thereafter, the recruitment and conditions of service were governed by the resolution. But, the Governor of Assam. in exercise of the powers conferred by clause 01 of Art. 187 of the Constitution of India made the Rules.in the year 1986 after consultation with the Speaker of the Assam Legislative Assembly. The Rules were amended in the year 1987 by inserting Rule 37A, which reads,

(3.) Mr. B.K. Das, learned counsel for the petitioners, has contended that the Resolution was law made by the Legislature of the State of Assam under Art. 1712) of the Constitution of India and. therefore, the Governor had no power to make the Rules in exercise of the powers under Art. 18713) of the Constitution. Learned counsel has further contended that in any event Rule .17-A repealing the Resolution had been made without jurisdiction.