SANGHAMITRA MESHRAM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) ALL these writ petitions arose out of common set of facts and raise a common question, therefore, we propose to dispose of by this common judgment.

(2.) ALL these petitioners were appointed after 18th June 1983 in various posts of clerks, Instructors, etc. in class III service. Some of them were appointed as care-takers, Peons, Cooks in class IV service of the State Government. These appointments were made on 30 days basis. The same were continued accordingly. The appointments thus made, were because of the suspension of operation of the subordinate Selection boards. The Government, in the mean while, advised the Head of various departments to make appointments in consultation with the selection committee. However, the selection committees could not be constituted. As such, the authorities have made the appointments in the manner referred to above. These appointments continued in the instant cases upto 30th June 1988. Thereafter, the Head of the Department issued circular dated 15th June 1988 informing the Head of the offices that such appointments are irregular and improper for various reasons stated therein. They further emphasised that the services need to be regularised. Therefore, the appointments made as such should not be continued after 30th June, 1988.

(3.) THIS circular was attacked in these petitions. They also claimed that the services of the petitioners to be regularised. Some of the petitioners contended that they have been orally terminated and. they have questioned the legality and validity of oral termination. They have also claimed interim injunction restraining the Respondents from terminating their services till the disposal of the petition.