S.J.MUKHOPADHAYA,J. - (1.) THE instant writ petition has been preferred by the petitioners for issuance of an appropriate writ/writs, order or direction for quashing the Office Orders, as contained in Memo Nos. 949 and 124, both dated 26th March, 2002, 181, dated 10th April, 2002, as also 148, 916, 946, 129, 905 and 111, all dated 26th March, 2002, issued by the Administrator, Bihar State Scheduled Caste Cooperative Development Corporation Limited (in Hindi Bihar Rajya Anusuchit Jati Sah -karita Vikash Nigam Limited) 'Ajavini for short, whereby and whereunder, services of the petitioners have been terminated with immediate effect and it has been or -dered to observe the provisions of Section 25F of the Industrial Disputes Act, 1947. The impugned orders are said to have been issued in consequence of the decision of the Council of Ministers, held in its meeting dated 17th July, 1995 and a decision taken by the Committee, headed by Commissioner -cum -Secretary, Department of Welfare, Bihar, on 24th February, 2000 and letter of Welfare Department, as contained in Memo No. 4042, dated 3rd August, 1996, wherein it was decided to wind up Engineering Cell of 'Ajavini' with effect from 25th July, 2000. It Was further decided in the meeting dated 24th February, 2000 and resolved to terminate the services of all daily wages employees of dissolved Engineering Cell and the Administrator, 'Ajavini' was asked to enquire into the appointments, regularisations and promotions of rest of the employees and to terminate their services, if found illegal. With respect to rest of them, decision was taken to absorb their services with the State.
(2.) AS the case can be determined on a short question of law, it is not necessary to discuss all the aspects, except the relevant one, as set out hereunder. Petitioner No. 1 Ashok Kumar Gupta was initially appointed on daily wages vide Memo No. 210, dated 2nd May, 1980 in the Engineering Cell of 'Ajavini'. His services were regularized by the Managing Director, 'Ajavini', along with two others against Class IV post of Blue Printer -cum -Tresor vide Office Order No. 87, dated 21.9.1981. His services along with seven others was thereafter transferred in the Engineering Cell vide Memo No. 802, dated 24th April, 2000. Petitioner No. 2, Urebi Paswan was appointed by the Executive Engineer, 'Ajavini' as a Choukidar in the Work -charge establishment in the pay scale of Rs. 155 -190/ -vide Office Order No. 17, dated 14th May, 1982. Petitioner No. 3, Mahendra Prasad was appointed against Class IV post of Chairman along with four others by the Managing Director, 'Ajavini' vide Order No. 76, dated 31st December, 1980. So far as petitioner No. 4 Uma Shankar Ram is concerned, he was appointed by the Executive Engineer, Engineering Cell, 'Ajavini', Patna, as Work -charge Chowkidar in the pay scale of Rs. 155 -190/ - vide Order No. 13, dated 12th September, 1980. His services along with nine others were regularized with effect from 12th of September, 1980 i.e. since the day of his joining by the Secretary, 'Ajavini', vide Office Order No. 29, dated 23rd January, 1987. Petitioner No. 5, Kishori Prasad was appointed on daily wages by the Executive Engineer to perform the duties of Clerk -cum -Typist vide Memo No. 856, dated 26th September, 1983. Subsequently, he was appointed on regular basis against the post of Clerk in the pay scale Of Rs. 580 -860/ - vide Memo No. 346, dated 5th August, 1985, issued by the Executive Engineer, South Bihar Division, Patna, Petitioner No. 6, Sidhnath Ram was initially appointed on daily wages basis to perform the duties of Chowkidar on 27th September, 1980. Subsequently his services were regularized by the Secretary, 'Ajavini', vide Memo No. 173, dated 23rd January, 1987, with effect from 27th September, 1980. Petitioner No. 7, Rajdeo Ram was appointed as Work -charge Chowkidar in the pay scale of Rs. 155 -190/ - vide Office Order No. 20, dated 14th May, 1982, issued by the Executive Engineer, Engineering Cell, Patna. Subsequently after abolition of the Engineering Cell, he was transferred at Ranchi. Petitioner No. 8, Ram Pratap Singh was appointed as Work -charge Chowkidar in the pay sale of Rs. 250 -425 vide Memo No. 243 dated 18th May, 1984, issued by the Executive Engineer, Engineering Cell, Patna. Later on he was promoted as Blue Printer vide Office Order No. 46, dated 26th December, 1985. So far as petitioner No. 9, Md. Sahabuddin Ansari is concerned, he was initially appointed as Clerk on 4th July, 1983, for which a formal order was issued by the District Executive Officer, Bhojpur, Arrah, vide Memo No. 264, dated 20th July, 1983. Subsequently he was appointed as Work Inspector in the Work -charge establishment vide Office Order No. 6, dated 2nd April, 1984, issued by the Executive Engineer, Patna. 3. All the petitioners on their appointments; either continued to work at the places where they had joined or where transferred to different places, such as, Lohardaga, Ranchi, Sahibganj etc., which now fall within the territory of the State of Jharkhand, where they were working at the time the orders of termination were issued.
(3.) COUNSEL for the petitioners relied on one or other policy decision of the State Government (the then Government of Bihar), taken from time to time.;