STATE OF JHARKHAND AND ORS. Vs. KAMAL PRASAD AND ORS.

JUDGEMENT

(1.) LEAVE granted in all the Special Leave Petitions.

(2.) THESE Civil Appeals are filed by the Appellant -State of Jharkhand questioning the legality of the impugned judgment and order dated 08.11.2011 passed by the High Court of Jharkhand in Letters Patent Appeal No. 256 of 2011 and connected cases which allowed the appeals of the Respondent -writ Petitioners by setting aside the judgment dated 25.07.2011 passed by the learned single Judge whereby the writ petitions of the Respondent -employees were dismissed and the Interlocutory Application No. 3223 of 2011 was allowed after quashing the show cause notices issued and orders of termination of services of the Respondent -employees. The Division Bench of the High Court by framing certain substantial questions of law has held that the Respondents herein shall be entitled to all the consequential benefits. The Appellants being aggrieved of the impugned judgment and orders have filed these Civil Appeals by urging various facts and legal grounds in support of the same and prayed to set aside the impugned judgment and orders by allowing the Civil Appeals.

(3.) THE Respondent -employees (the writ Petitioners before the High Court), were initially appointed in the year 1981 in the posts of Junior Engineers in the Rural Development Department in the erstwhile State of Bihar in respect of which the recommendation of the Bihar Public Service Commission (for short "the BPSC") was not required. It is the case of the Respondent -employees that they have continuously discharged their duties in the above posts honestly and diligently to the satisfaction of their employer. They were subsequently appointed on ad -hoc temporary basis as Assistant Engineers in the pay -scales of Rs. 1000 -50 -1700 P. Ro -10 -1820/ -, with certain conditions on the basis of recommendation made by the BPSC against temporary posts from the date of notification. Their services as Assistant Engineers on ad -hoc basis were entrusted to work in the Road Construction Department where they were required to contribute their work within the stipulated period. The relevant condition No. 2 in the said notification No. Work/G/1 -402/87,248/(S) Patna dated 27.6.1987 is extracted hereunder: