KUMAR GAUR,J. - (1.) These two writ petitions have been filed by the petitioners challenging the common order dated 01 st May, 2017 passed by Rajasthan Grahmin Aajeevika Vikas Parishad, wherein both the petitioners have been relieved from the post of District Project Manager on account of completion of 65 years of age.
(2.) The facts of S.B.Civil Writ Petition No.11577/2017 (Deendayal Sharma Vs. State of Rajasthan and Ors.) are taken for consideration for deciding the controversy as the legal issue raised in the present petitions are common.
(3.) The Rajasthan Grahmin Aajeevika Vikas Parishad issued an advertisement dated 23rd February, 2016 inviting applications from the retired employees of the Central/State Government, State Government Undertakings/Boards/Corporations/Cooperative Organizations, Govt. of India, Banks etc. for working purely on contract basis. 16 posts of District Project Manager for different earmarked places were advertised. The candidates fulfilling the qualification and relevant experience were to apply and conditions and qualifications were is as under:- "1. AGE:- The age of an applicant (as on 01.02.2016) should not exceed 65 years. 2. Name of services, applicants of which are eligible with name of specific group/wing, if any: (1) All Retired Officers/employees of GoR and PSUs, Corporation, Nigam, Board, Co-op. Sangh, companies etc of GoR. (2) All retired officers/employees of GoI and PSUs, Corporation, Nigam, Board, Sangh, etc. of Government of India. 3. The above posts are purely temporary and sanctioned for Project Period. 4. This advertisement intends to fill these positions on contractual basis from retired employees of Central/State Gvt., PSUs, Corporations, Nigam, Board, Coop. Sangh, companies etc. of GoI/GoR. 5. Proficiency in English, Hindi and Computer knowledge is essential. 6. Project will be implemented in Rural Area in Rajasthan, so it's essential to Tour/Stay in Rulral Area in Rajasthan." The petitioners participated in the process of selection i.e. regular written test followed by an interview and consequent thereupon, the final result was declared by the respondents. The respondents issued office order dated 17th March, 2016 appointing the petitioner on the post of District Project Manager, Sawai Madhopur. The petitioner in Writ Petition No.9631/2017, Om Prakash Sharma, was appointed as District Project Manager, Bundi. The appointment order made a reference of circular of Department of Personnel (DOP) dated 26th May, 2014 and in the appointment order, it was specifically mentioned that the term of appointment of the petitioner was co-terminus with the project but the appointment of the concerned candidate would be cancelled in three contingencies: (i) if the performance of the employee was not found satisfactory, (ii) if the services of the employee are not required for the purpose of project, and (iii) if the employee concerned on his own wanted to leave the job. It was also mentioned that the candidate was required to execute an affidavit on non-judicial stamp paper. ;