Pramath Patnaik, J. - (1.) IN the instant writ application, the petitioners call in question the legality and propriety of the order passed by the respondents and have inter -alia prayed for issuance of a writ of certiorari for quashing of letter issued vide memo No. 1835 dated 27.09.2008 (Annexure -8) pertaining to dismissal from services and the petitioners further pray for issuance of an appropriate writ/direction in the nature of mandamus commanding upon the respondents not to give effect to the aforesaid impugned letter dated 27.09.2008 and also for reinstatement in services and for payment of arrears of salary since the date of their respective appointments.
(2.) THE factual matrix, bereft of unnecessary details in a nutshell is that an advertisement was published in the daily newspaper namely "Prabhat Khabar" dated 17.07.2007 for appointment on the post of Assistant Engineer/Junior Engineer on contractual basis vide Annexure -1 to the writ application. The petitioners applied accordingly for their respective posts of Assistant Engineer and Junior Engineer. In terms of advertisement, a direction was given by Principal Secretary, Rural Development Department, Government of Jharkhand, Ranchi to all the Deputy Commissioner -cum -District Programme Co -ordinator for preparation of the panel as per Annexure -2 to the writ application. A panel was prepared, which was published in daily newspaper namely "Prabhat Khabar" dated 04.10.2007, where petitioners' name figured, as per Annexure -3 to the writ application. After preparation of the panel, the petitioners were informed that their names have been included in the selection list and they have been selected for the post of Assistant Engineer/Junior Engineer and were directed to give written consent before the District Rural Development Authority, Deoghar accepting the terms and conditions before starting the work by 12.11.2007, as per Annexure -4 series to the writ application. Accordingly, the petitioners submitted written consent to work accepting the terms and conditions of the respondents vide letter dated 12.11.2007 as per Annexure -5 series to the writ application. Thereafter, the appointment letters were issued in favour of the petitioners vide memo No. 1953 dated 29.11.2007 by which some of the petitioners like petitioner Nos. 3 and 15 were appointed under category of Assistant Engineer and petitioner Nos. 1, 2, 4, 5 and 14 were appointed under category of Junior Engineer vide Annexure -6 to the writ application. Likewise petitioner Nos. 6, 7 and 11 were appointed under category of Assistant Engineer and petitioner Nos. 8, 9, 10, 12, 13 and 16 were appointed under category of Junior Engineer as per memo dated 04.03.2008 vide Annexure -7 to the writ application. After issuance of the appointment letter as contained in Annexures -6 and 7, all the petitioners submitted their joining to the respective place of posting in between December, 2007 to March, 2008 and they worked continuously till 28.09.2008 without salary being paid since the date of appointment. However, all of a sudden vide memo dated 27.09.2008, all the petitioners have been dismissed from services without issuing any show cause in violation of principles of natural justice, as per Annexure -8 to the writ application under the signature of the Deputy Commissioner stating therein that all the petitioners, who were appointed in terms of the aforesaid advertisement on contractual basis are dismissed from their services, as they have been appointed to the post, which was not sanctioned rather the same was sanctioned with effect from 18.01.2008. It has further been stated that the Deputy Commissioner again issued a letter on 27.09.2008 itself to the Secretary, Rural Development Department, Government of Jharkhand, Ranchi stating therein that the similarly situated persons were dismissed as they were appointed on the post, which was not sanctioned rather the same was sanctioned w.e.f. 18.01.2008 and if any direction be given, they can be reinstated and services can be taken from all the dismissed Assistant Engineers/Junior Engineers, as evident from Annexure -9 to the writ application. Left with no other alternative, efficacious and speedy remedy the petitioners approached this Court invoking extra -ordinary jurisdiction under Article 226 of the Constitution of India for redressal of their grievances. Per -contra, counter -affidavit has been filed on behalf of respondent No. 5 controverting the averments made in the writ application. In the counter affidavit, it has been stated that after getting the applications from the intending applicants, a list was published in the daily newspaper "Prabhat Khabar" on 04.10.2007 consisting 12 persons as Assistant Engineer and 65 as Junior Engineer and it was directed in the same advertisement that the applicants have to produce their educational and Technical Qualification Certificate and in the said advertisement it was clearly mentioned that their services would be terminated at any point of time without explaining/stating any cause, as per Annexure - A series to the counter -affidavit. It has further been submitted that in the 2nd phase, as per the circular (Memo No. 722 dated 18.01.2008) of the State Government 08 posts of Assistant Engineer and 20 posts of Junior Engineer was sanctioned and these appointments were to be done up -to Divisional Level by the duly constituted Committee under the Chairmanship of Divisional Commissioner. As per the directions of the Memo No. 722 dated 18.01.2008 appointment against the sanctioned post of Assistant Engineers/Junior Engineers were done by the Divisional Commissioner w.e.f. 18.01.2008, hence the petitioners were rightly dismissed from their services with effect from 28.08.2008 vide letter dated 27.09.2008 as per Annexure -C series to the counter -affidavit. It has further been submitted that so far as the payment of salary is concerned which has been made in due course of time, as evident from Annexure -D to the counter -affidavit. It has further submitted in the counter -affidavit that the posts were contractual and those were not sanctioned posts and therefore, the writ petitioners were rightly dismissed from their services.
(3.) HEARD Mr. Saurabh Arun, learned counsel appearing for the petitioners and Mr. Atanu Banerjee, G.A., learned counsel appearing for the respondents. Perused the records.;