(1.) THIS appeal under Clause 12 of the Letters Patent is directed against the judgement of the learned Single Judge announced on 4th May, 1985 in Writ Petition No.292/ 83, whereby the writ petition filed by the appellants herein was dismissed by the learned Single Judge. When the appeal came up for hearing, Mr. A.K. Malik submitted that the appeal was being pressed only with respect to appellants 1, 7, 10, 11, 12, 13, 15, 17, 22 and 23 and that in respect of other appellants the appeal was not pressed.
(2.) THE appellants had been appointed at relevant periods of time as permanent daily labourers/temporary daily labourers (PDL/ TDL for short). They felt aggrieved of the passing of the order on 29th April, 1983 by the Assistant Electrical Engineer whereby their services were terminated with effect from 1 -4 -1983. Various orders were passed in respect of various appellants separately, but the text of the orders was common to all of them. The text of the order reads as under: - "Sub: Notice of termination from service. Ref: Power Development Commissioners Telegram No.424 -Est/12803 -2AS dated: 2 -2 -1983. As your services are not required by this department, you are being terminated from service w.e.f. 1 -4 -1983. Sd/ - Asst. Electrical Engineer, Electric Sub -Division, Langate." "The appellants are relying upon Government Order No.81 -PDD of 1980 dated: 15th April, 1980, whereby, according to them, the Government had itself stated and committed that the PDL/TDL who are appointed before 31st of July, 1979 but had not completed five years of service would continue as such and would not be brought in regular establishment on completion of five years. However, as and when any vacancy occurred in the regular establishment, it would be filled up from amongst such PDL/TDL etc. Clause (J) of this Government Order, which is relevant for our purpose is reproduced as under" - "(J) No further regularisation of PDL/TDL shall be made in furture. Those who on July 31, 1979 had less than five years in service as PDL/TDL will continue as such. They will not be brought in regular establishment on completion of five years service but as and when there occurs any vacancy in the regular establishment it will be filled from amongst such PDL/TDL vacancies in the department which may be [SIC] comparable to the posts on which PDL/TDL has been adjusted will not be available for direct recuirement till the whole lot of PDL/TDL gets adjusted."
(3.) THE appellants submit that they had been appointed before 31st July, 1979 and despite the aforesaid stipulation in the Government Order, vide the impugned orders, the respondents terminated their service which was an act patently in contravention of the Government order itself.