M.Y. Eqbal, J. - (1.) IN CWJC No. 7859 of 1997, the writ petitioners who are 14 in number have prayed for quashing the Office Order as contained in memo No. 892 dated 28.6.1997 issued under the signature of Director, Secondary Education -cum -Joint Secretary whereby the appointment of the petitioners purported to have been cancelled on the ground that all these appointments were illegal.
(2.) IN WPS No. 3867 of 2002. five petitioners out of 14 have also moved this Court against the decision of the respondents whereby payment of their salary have been stopped. So far CWJC No. 7859 of 1997 is concerned, petitioners' case is that pursuant to request of the headmaster of the schools advertisement was made for appointment on the post of clerk and pursuant to that advertisement petitioners submitted their applications and they were called for interview on 15,4.1988. Copies of the advertisement and the interview letters have been annexed as Annexure 1 and 2 series to the writ petition. After interview petitioners said to have been selected and appointment letters were issued to them vide Annexure 3 to the writ application, which is dated 3.6.1988. Petitioners' further case is that the Selection Committee thereafter considering the performance of the petitioners resolved to regularize their services and Office Order to that effect was Issued vide memo No. 1497 dated 22.3.1991. Petitioners alleged to have Joined their respective posts and continuously worked but payment of their salary have been stopped since 1990. Thereafter, all of a sudden the impugned letter was issued by the Director to the Regional Deputy Director for termination of services of the petitioners on the ground of illegal appointment having been made by the District Education Officer.
(3.) IN the counter -affidavit filed by the respondents, it is stated that petitioners were illegally appointed without following the rules and without any interview having been conducted, by the Selection Committee and without preparation of panel of selected candidates and following the roaster. Respondents' case is that all these appointment were irregular as there cannot be ad hoc appointments. As a matter of fact, these appointments have been made by one Sri B. Kerketta, District Education Officer who was subsequently suspended and disciplinary proceeding was started against him.;