- (1.) THIS writ petition has been preferred mainly against the order passed by Personnel Manager of the respondents dated 31st of January, 2009 (Annexure -4) whereby the selection order of the petitioners dated 31st of March, 2008 (Annexure -3) has been kept in abeyance for no valid reason and an arbitrary order has been passed at Annexure -4 dated 31st of January, 2009.
(2.) I have heard learned counsel for the petitioners who has submitted that petitioners were selected on the post of Pitman/Dumpman with effect from 31st of March, 2008. It is also submitted by the learned counsel for the petitioners that they were selected for the first time on 31st of March, 2008, but, a wrong phraseology was used by the Personnel Manager of Birsa Project while giving appointment letters dated 31st of March, 2008 (Annexure -3) that the petitioners are hereby regularised as Pitman/Dumpman, Grade - Ill. In fact petitioners were appointed on the post of Pitman/Dumpman, but, they have used the word in the appointment letter "petitioners are regularised as Pitman/ Dumpman Grade -Ill". This wrong phraseology used in appointment letters has lead to another order dated 31st of January, 2009 (Annexure -4) that as there was no selection on the post of Pitman/Dumpman Grade -Ill, the order passed at Annexure - 3 was kept in abeyance. Dispute of the present petitioners is that, in fact, the earlier order at Annexure -3 dated 31st of March, 2008 was never a regularization, but, it was a selection of the petitioners on the post of Pitman/Dumpman Grade -Ill and therefore, the order passed at Annexure -4, dated 31st of January, 2008 deserves to be quashed and set aside. The said order had passed under misconception of fact and it was never a regularisation on 31st of March, 2008, but, there was a selection itself. It is also submitted by the learned counsel for the petitioners that selection of the present petitioners has not been cancelled because of mistaken selection or illegal selection or unauthorized selection, but, as the word used in the selection order "now petitioners are regularised as Pitman/Dumpman" in order dated 31st of March, 2008 (Annexure -3), has led to another order at Annexure -4 (which is impugned order). Thus, an order at Annexure -4 deserves to be quashed and set aside.
(3.) I have heard learned counsel for the respondents who has submitted that he has got instructions to the effect that there was never a selection of the present petitioners on the post of Pitman/Dumpman Grade -Ill and therefore, they can never be regularised on the said post and therefore, the order at Annexure -3, dated 31st March, 2008 was kept in abeyance and the order dated 31st of January, 2009 (Annexure -4) is not illegal and no error has been committed by the respondents and therefore, the petition deserves to be dismissed.;