(1.) THE instant proceeding witnesses a relentless struggle by the petitioners to save their appointments as Assistant Audit Officers in the Assam Local Fund Audit Service under the Administrative Control of Director of Audit (Local Fund) Assam, Guwahati. They seek herein annulment of the order dated 10. 10. 2007 passed by the Commissioner and Secretary to the Govt. of Assam, Finance (Estt.-B) Department, terminating their services. A claim for salary without prejudice to the above for the period commencing from 18. 01. 2005, has also been registered.
(2.) I have heard Mr. A. S. Choudhury, Senior Advocate assisted by Mr. M. H. Ahmed, Advocate for the petitioners and Mr. D. Saikia, learned Standing Counsel, Finance Department for the official respondents.
(3.) THE petitioners being aggrieved, approached this Court with W. P. (C) Nos. 2196, 2040, 2162, 2163, 2039/2003, assailing the cancellation of their appointments. The orders of termination of their services having been kept in abeyance, the petitioners continued in their respective posts. Incidentally, in a similar fashion the appointments of several LDA and peons in the same office having been cancelled, they had also approached this Court with a series of writ petitions, which were allowed on 26. 06. 2003 interfering with the orders impugned, however, leaving the State respondents at liberty to serve notice to the persons concerned to show cause as to why their services would not be terminated. By common judgment and order dated 22. 09. 2003, the orders of termination dated 13. 03. 2003 vis-a-vis the petitioners were set aside and the concerned administrative authority was directed to ascertain the number of existing vacancies and thereafter adjust the candidates including the writ petitioners and others in order of merit. The candidates, who were thus likely to be ousted, were required to give a predecisional hearing and in case they were not likely to be retained, the issue pertaining to payment of their salary, was also ordered to be considered.