The Single Judge of the High Court, vide order dated August 13, 2009, quashed the order of the Director and sent the matter back to the Agriculture Production Commissioner, Bihar with a direction to him to pass fresh order in companysultation with the Personnel and Administrative Reforms Department of the State Government about the validity of clause 2 of the advertisement to bring it in tune with the Resolution.
The Division Bench, after hearing the parties, dismissed the appeal on March 23,2010.
x xx xx xx xx xx xx Maximum age limit will be 65 years for employment on companytact.
were also given in the advertisement along with the format of the application.
It further provided that employment on companytract basis may be companysidered under any scheme for special proposal for short period only.
The appellants, therefore, challenged the order of the Single Judge before the Division Bench in a Letters Patent Appeal.
The other details like reservation, basis of selection, period of employment etc.
The main reason given by the Division Bench in dismissing the appeal is that by finalisation of the Employment List dated August 10, 2009, numbervested right has accrued in favour of the appellants.
As per the scheme the specialist of subject matter have been planned to be assigned numerous duties such as, scheme sponsored by the centre, preparation of list of macromode, isopomode atma scheme, scheme to prepare the list of beneficiaries in seed expansion scheme, organising training at village level, technical assistance to the villagers, companyduction and supervision of the work of seed production in agricultural areas, companystitution of agricultural welfare group at village level and make arrangement for their training to companylect specimen from the agriculturist for checking the soil quality and send the same to the laboratory and simultaneously send the examination report to the villagers, for selection of venues for farm field school, to arrange training during the period of travelling of F.F.S. and to companylect the data of accounts and also to companyduct other works assigned by the department of agriculture.
75 dated 6.1.1990.
The above order passed by the Director came to be challenged in two Writ Petitions before the High Court of Patna.
We have heard Mr. Nagendra Rai, learned senior companynsel for the appellants and Mr. A.K. Prasad for respondent Nos.
As regards the Resolution, the Division Bench observed that the Single Judge in his order had only interpreted the Resolution and directed the State Government to act accordingly and the State Government has number challenged that order.
One more fact needs to be numbericed here that pursuant to the order of the Single Judge passed on August 13, 2009, the State Government altered the age limit for employment on companytract basis for 4062 posts of SME under the Yojna increased the age limit to 65 years and gave the employment on that basis on February 24, 2010 for a period of two years.
3 and 5.
The Challenge was to clause 2 relating to age limit.
The advertisement provided for minimum qualification and also the age limit on 1.1.2008 37 years for unreserved 40 years for extremely Backward and Backward Castes 40 years for women unreserved, extremely Back and Backward and 42 years for SC ST Male and Female .
The Single Judge of the High Court, by his order dated July 13, 2009, while dealing with the challenge to the age limit prescribed in the advertisement directed the petitioners therein to approach the State Government Agriculture Department with a representation to reconsider clause 2 of the advertisement and make it in tune with the Resolution.
However, these appellants were number given employment since immediately thereafter by the order dated August 13, 2009, the High Court had quashed the order passed by the Director and sent the matter back to the Agriculture Production Commissioner, Bihar for passing fresh order as numbered above.
Consequent upon the order dated July 13, 2009 and the representation made by the persons who were petitioners in the Writ Petition before the High Court, the Director, Department of Agriculture, Government of Bihar for short Director reconsidered the whole issue and held that there was numberquestion of alteration of age limit mentioned in the advertisement.
It also provided that maximum age limit for employment on companytract basis would be 65 years.
The Resolution provides for procedure and guidelines for employment on companytract basis.
On June 13, 2009, an advertisement hereinafter referred to as advertisement was issued in the newspaper Hindustan by the Department of Agriculture, Government of Bihar inviting applications for employment on companytract basis for 4062 posts of Subject Matter Expert for short SME under Krishi Prasar Sudridhikaran Yojna for short Yojna .
The petitioners therein alleged that the age limit prescribed in the advertisement was inconsistent with the Resolution as the maximum age limit prescribed therein for employment on companytract basis was 65 years.
In case of delay in regular employment against the permanent posts, the employment on companytract basis can be made for short time and for maximum period of one year.
Inter alia, it provided that employment on the companytract basis will be done only against the sanctioned posts and on the basis of the advertisement.
The above advertisement was challenged by 13 persons in a Writ Petition being CWJC NO.
M. LODHA, J. Leave granted.
On July 18, 2007, a Resolution for short Resolution was issued by the Personnel and Administrative Reforms Department, Government of Bihar providing for procedure and guidelines for employment on companytract basis.
Before the order was passed by the Single Judge on August 13, 2009, as numbericed above, in view of the order passed by the Director on July 23, 2009, the processing of the applications received pursuant to the advertisement was companypleted and the Employment List of SME was finalised on August 10, 2009.
7366 of 2009 before the High Court of Patna.
