Debasish Kar Gupta , J. - (1.) These appeals are directed against a common judgment dated May 10, 2016 passed in respect of four writ applications bearing W.P. No.8422 (W) of 2015, W.P. No.21971 (W) 2015, W.P. No.21973 (W) of 2015 and W.P. No.21974 (W) of 2015 involving the same and identical issue.
(2.) By virtue of the impugned judgment The Indian Institute of Technology, Kharagpur (hereinafter referred to as IIT, Kharagpur) were directed to treat the respondents/writ petitioners in terms of circular dated February 28, 2000 on and from the date of their initial letters of appointment and their respective dates of joining to the posts concerned as also to release their salaries and their emoluments commensurate with their posts from their respective dates of joining. The IIT, Kharagpur was further directed to pay interest to the writ petitioners at the rate of 8% per annum to be calculated on and from the respective dates of joining of the respondents till the ultimate disbursal of the entire salaries and emoluments to them. There was also direction that the respondents would be given all consequential benefits of their services treating them to be in service in the post advertised by circular dated February 28, 2000 on and from the respective date of their joining. The IIT, Kharagpur was also directed to pay costs assessed at Rs.25,000/- to each of the respondents.
(3.) In response to advertisement no.IIT/SRIC/R/FIM/11/2000 dated February 15, 2000 all the respondents submitted their respective applications for the post of "Job Assistant" in respect of a temporary research project, namely, Farm Implement & Machinery Prototype Manufacturing Workshop & Feasibility Test Center (FIM) sponsored by ICAR, New Delhi (hereinafter referred to as the said research project), at a consolidated compensation of Rs.3200/- per month. All of them fulfilled the eligibility criteria of passing BA/B.Sc. certificate having at least one year experience in the job as indicated in the aforesaid advertisement. After their selections, agreements dated July 7, 2000 were executed by and between the Sponsored Research & Industrial Consultancy(hereinafter referred to as the SRIC) and the respondents for appointing them on a contract basis to serve in the post of "Job Assistant" in the said research project on the specific terms and conditions contained in the aforesaid agreements as well as general terms and conditions regulated by SRIC on a consolidated compensation of Rs.3500/- per month without extension of any benefit of Dearness Allowance/Additional Dearness Allowance or other allowances. The tenure of their assignment was up to one year with the condition of automatic termination of the above contract on the afternoon of the same day. The tenures of their assignments were subsequently extended from time to time by way of executing similar agreements by and between the SRIC and the respondents.;