MANABENDRA SARMA Vs. STATE OF ASSAM

JUDGEMENT

(1.) BOTH these writ petitions are proposed to be disposed of by this common judgment and order as they involve similar question of facts and law.

(2.) IN both the writ petitions, the order dated 9.3.2010 whereby and whereunder the petitioners services were terminated by the Commissioner and Secretary to the Government of Assam in the Secretariat Administration Department have been impugned.

(3.) THESE orders came to be challenged before this Court by a series of writ petitions, viz. W.P.(C) Nos. 3677/2001, 4299/2001, 4303/2001, 4324/2001, 4327/2001 & 4354/2001 which stood dismissed by order dated 28.09.2001, passed by a Single Bench of this Court. The judgment of the Single Bench being challenged in W.A. Nos. 429/2001, 430/2001, 431/2001, 432/2001 & 436/2001, Division Bench of this Court allowed the said appeals vide judgment and order dated 16.09.2002, setting aside the judgment and order dated 28.09.2001 passed in the writ petitions as well as the impugned order of cancellation dated 19.05.2001 with a direction to the State respondents to take back the writ appellants/writ petitioners in service within a period of 3 weeks from the date of receipt of certified copy of the Judgment and order passed in the writ appeals by issuing necessary orders, without, however, payment of any arrear salary. The judgment of the Division Bench was based on the principal premise that the impugned orders of cancellation of appointments having involved civil consequences depriving the legitimate rights of the appointees, the termination of services without giving prior notice and opportunity to the appellants/writ petitioners were bad in law. One of the grounds of issuance of the termination orders on the reason of wrong relaxation of the Rules has been answered by the Division Bench to the effect that while it is not disputed that there is a relaxation clause in the related recruitment Rules, the same was relaxed so as to achieve effective implementation of the good Policy of the Government i.e., special recruitment.