PYNSKHEM NONGBRI Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) The instant writ petition has been filed seeking reinstatement of the services of the writ petitioners, by setting aside the impugned termination order dtd. 22/1/2019, passed by the respondent No. 4.

(2.) The brief facts relevant for the purpose of this case are that, the 3 petitioners herein, were allowed to officiate against the vacant posts of Sectional Assistant in the Public Works Department, Government of Meghalaya, in 2009, for a period of 3 months initially, and which were extended from time to time for a period of 3 months each, which continued till 18/11/2015, when their officiating services was terminated. Against the said termination order, the petitioners had approached this Court, by way of WP(C) No. 91 of 2016, and by order dtd. 30/7/2018, this Court directed the respondents to afford an opportunity of hearing. Accordingly, the respondent No. 4 issued a show-cause and after hearing the petitioners by a reasoned order dtd. 22/1/2019, confirmed the termination order and disposed of the matter. The petitioners being aggrieved are therefore once again before this Court, impugning the order dtd. 22/1/2019.

(3.) It has been contended on behalf of the petitioners that the service rendered by the petitioners is public service, which should be governed by statutory rules not by contractual service, which is at the whims and fancies of the respondents, contrary to the rules of Natural Justice, and without any due consideration to the long service of over six years of the petitioners. It is also argued that in spite of the order dtd. 30/7/2018, passed in WP(C) No. 91 of 2016, whereby the earlier termination order was set aside, the petitioners were never given benefit of the same, and instead show-cause was issued and the termination order passed.