Heard Pt. S. Chandra, learned counsel for the petitioner and learned Standing Counsel.
Notice on behalf of opposite parties no.1 to 4 has been accepted by the learned Standing Counsel, who prays for and is granted four weeks' time for filing counter affidavit. Petitioner may file rejoinder affidavit within two weeks thereafter.
List after expiry of the aforesaid period.
Submission of learned counsel for the petitioner is that approval of the petitioner's appointment has been refused only on the ground that the Rules have not been framed.
Learned Standing Counsel states that now the Rules have been framed.
Even if the Rules have been framed, they will not have retrospective effect and prior to the promulgation of the Rules, appointment of the petitioner cannot be invalidated.
In the aforesaid circumstances, operation of the order dated 5.7.2008, contained in Annexure No. 10 to the writ petition, shall remain stayed and the opposite parties are directed to make payment of salary to the petitioner regularly every month.
It is made clear that the appointment of the petitioner shall come to an end as soon as the regularly selected candidate comes in pursuance of the requisition by the Committee. No separate order for termination of the petitioner's services will be required to be passed.
Order Date :- 13.9.2010 kkm