NOTIFIED AREA COUNCIL PIPILI Vs. GAHAR MOHAMMAD

JUDGEMENT

(1.) Leave granted.

(2.) In this appeal filed by the Notified Area Council, Pipili in the State of Orissa and its Executive Officer the judgement rendered by the Orissa High Court on 25/8/1998 in Original Jurisdiction Case Nos. 4419. and 4420 of 1995, is under challenge. The writ petitions were filed by the respondent no. 1 herein (in both the appeals) who were engaged as octroi tax peon and cycle/vehicle guard respectively on daily wages basis. Subsequently, attempt was made to make regular appointments to the said posts. The local employment exchange was requested to recommend names. Names of the said respondents having been recommended, they were issued appointment letters on 22/3/1995 in which it was stated inter alia that the appointees should join the posts within three days of receipt of the letter and produce the documents, like copies of certificates in support of age, qualification, experience, medical fitness, character certificate and copies of passport size photographs. The respondents having failed to produce certificates, their appointments came to be cancelled on 29/3/1995 as evident from the letter issued by the Executive Officer of the NAC. Thereafter a resolution was passed by the NAC on 27/10/1995 in which a decision was taken to abolish the system of engaging workers on daily wage basis including the engagement of the two respondents. Being aggrieved by the said decision of the NAC, the respondents filed the writ petitions in the High Court, which were disposed of by the judgement dated 25/8/1998, which is under challenge in these appeals.

(3.) The High Court, in its judgment, has quashed the resolution dated 27/10/1995 terminating the services of the writ petitioners, respondents herein, and has directed the opposite parties in the writ petitions, the appellants herein, to allow the petitioners to join and discharge their duties in their respective posts within a period of sixty days. The High Court made it clear that the petitioners would not be entitled to any back wages, but would be deemed to be continuing in service from the date of their respective appointments for the purpose of seniority and retirement benefits.