SATISH CHAND GUPTA Vs. HARI OM

JUDGEMENT

(1.) All these writ petitions are taken up for final hearing and disposal by passing a common judgment and order, as counsels for the parties have stated that the facts of the cases are the same and the issues involved are also common. For the sake of convenience, facts of WP(C) No.8379-99/2006 are taken note of.

(2.) The present writ petitions are filed by the petitioners for quashing the order dated 1st May, 2006 passed by the Commissioner, MCD whereby the services of the petitioners were terminated on the ground that 127 employees ofWW the respondent, including the petitioners herein had managed to get appointment in the MCD on the basis of fraudulent and fake documents. Thus their names were directed to be struck off from the rolls of the MCD. The petitioners are not only seeking quashing of the aforesaid order, but also the relief of restoration of their services.

(3.) The case of the petitioners is that they were Daily Wagers working in various hospitals and dispensaries in the Health Department of the MCD; that Resolution No.273 dated 27th June, 1988 was adopted by the respondent proposing a policy of regularization of the Daily Wagers working in the MCD and that the services of the petitioners were regularized by the Administrative Officer (Health), MCD with the prior approval of the Additional Commissioner (Health), MCD and on being regularized in the year 2000, they were put on probation for a period of two years. Upon successful completion of the period of probation, the services of the petitioners were confirmed in the various departments and in most of the cases, confirmation letters were also issued in favour of the petitioners. It is stated in the writ petition that suddenly, without issuing any notice to show cause or affording an opportunity to the petitioners to defend themselves, the impugned order dated 1st May, 2006 was passed by the respondent terminating the services of the petitioners who are permanent employees of the respondent, thus violating the principles of natural justice.