JUDGEMENT
S.J.MUKHOPADHAYA, J. -
(1.) IN both the writ petitions as common questions of law are involved and many of the facts are common, they have been heard together and are being disposed of by this common order.
(2.) ALL the petitioners have challenged the impugned Letter No. 1265 dated 30th April, 2004, their respective show cause notices, all dated 5th May, 2004 and the orders, contained in Letter Nos. 09, 10 and 12, all dated 26th May, 2004.
By the impugned Letter No. 1265 dated 30th April, 2004 the Regional Chief Conservator of Forest, Hazaribagh, informed that the petitioners and others have been illegally appointed in pursuance of a decision of the Establishment Committee dated 25th September, 1985 and thereby directed the divisional Forest Officers, Koderma Forest Division and State Training Division, Koderma, to ensure that the services of the petitioners and others are terminated. By show cause notices, all dated 5th May, 2004, it was alleged that the petitioners were appointed without following the procedures and thereby they were asked to show cause as to why their services be not terminated, followed by the orders, contained in Letter Nos. 09, 10 and 12, all dated 26th May, 2004, whereby and where under, alleging illegality in the matter of appointment of the petitioners, their services have been terminated.
The facts, as pleaded and not disputed by the respondents, are that the petitioners No. 1, 2 and 3 of W.P. (S) No. 2931 of 2004; petitioners of W.P. (S) No. 3170 of 2004 and husband of petitioners No. 4 and 5 of W.P. (S) No. 2931 of 2004 were engaged on daily wages under the Respondents. Subsequently, they were appointed on regular basis on the recommendation of an Establishment Committee. Later on the husband of petitioners No. 4 and 5 having died, these two petitioners were appointed on compassionate grounds. Details of which are shown hereunder : Sl. Name of the Date/year of Date of re - Post No. petitioner W.P. engagement gular (S) No. 2931/04 on daily wage Appointment 1. Nandkeshwar Ram 21.09.1983 Memo No. Peon 1396 dated 29.7.1985 2. Bishwanath 1980 Memo No. Chauki dar Prasad Singh 1987 dated 19.10.1985 3. Parmanand 1980 Memo No. Peo n Mishra 5662 dated 4.10.1986
(3.) SMT . Mina Devi Compassions - Memo No. Peo n te appointment 28 dated 6.1.1999 5. Smt. Kunti Compassions - Memo No. Peo n Devi te appointment 28 dated 16/1.1999 Name of the petitioner W.P. (S) No. 3170/04 Harihar 29.7.1985 Memo No. Peon Pandey 1821 dated 11.10.1985 4. The petitioners have enclosed a copy of the proceedings of the Establishment Committee to suggest that all of them including husbands of petitioners No. 4 and 5 were appointed prior to 1st August, 1985 on daily wages and subsequently their cases were considered for regular appointment to different posts, as mentioned against their names and on the basis of the recommendation of the Establishment Committee, they were appointed.;
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