AMAR NATH PANDEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE appellants are aggrieved by the orders, of the learned Single Judge dated 18.4.2001 and 26.6.2001, whereby the writ applications filed by them for a direction to quash the order dated 7.2.2001, issued under the signature of the Secretary, Department of Science and Technology, Government of Bihar, Patna, terminating their services with effect from 1.3.2001 and for issuance of other directions consequential to the quashing of the said order, have been dismissed.

(2.) THE factual matrix necessary for disposal of the present appeals lie in a very narrow compass. Under the scheme of the World Bank, a Project, namely, Strengthening of Polytechnic Education Project was initiated in the year 1990 -91 for strengthening technical education in the State of Bihar. In pursuance of an agreement reached between the World Bank and the Department of Science and Technology, Government of Bihar, a Committee was constituted by the State Government for implementation of the Project but no progress was made between the year 1990 - 92. The State Government later on constituted a Committee under the chairmanship of the Chief Secretary to take steps to strengthen the Polytechnic Education Project. The Committee took a number of decisions including the proposal for creation of 880 posts for the said purpose. On 1.7.1992, a decision was taken that the posts would be filled up on contract basis instead of going for regular appointment as the regular appointment would cause heavy expenditure to the State Government after the period of contract was over. A decision was further taken to make appointment on contract basis for a period of three years by open advertisement or after obtaining names from the Employment Exchange through the Selection Committee according to the rules of the State Government. A copy of the said decision was apper.Jed as Annexure 1 to C.W.J.C. No. 2844/2000. In the meantime, it appears that the State Government decided to fill up certain class of posts, namely, Class I to Class IV posts created under the aforesaid Scheme through the Bihar Public Service Commission (for short 'the Commission ') on contract basis. The Commission declined to accept the request of the State Government on the ground of there being no provision for making appointment by the Commission on contract basis. Thereafter, an advertisement was issued. The appellants and others applied pursuant to the same. On selection, 388. persons, including the appellants were appointed on contract basis, out of them 57 were appointed against Class II posts, 154 against Class III posts, 144 against Class IV posts and 36 posts were filled up by bringing the officers from other departments. The letter of appointment provides that the appointment has been made on contract basis on a consolidated monthly emolument for a period of one year extendable for a further period of up to two years on yearly basis dependent on the performance of the employees as assessed by the employer. The Project ended on 26.2.1999. Thereafter, a proposal was submitted for the extension of the scheme for the year 1999 -2000.

(3.) LEARNED counsel for the appellants submitted that as the appellants have continued for more than five years their services should be regularised or in alternative till arrangements are made for running the Polytechnic institutes by providing different classes of employees, including the teaching employees they should be allowed to continue.