RAJESH KUMAR AND ORS. Vs. STATE AND ORS.

JUDGEMENT

(1.) The petitioners procured their appointments as Class-IV employees on adhoc basis on 2-12-1991, 30-11-1991 and 6-1-1992. They continued to work till the regular selection was made. The process of selection was initiated by the respondents to fill up these posts substantively and in this respect an advertisement notice was issued by the respondents. In pursuant to the advertisement notice, the petitioners have also applied for the said posts. The result of the advertisement notice was that the petitioners were not selected and instead private respondents 5 to 7 found the place in the select list. The consequence of the selection was that the petitioners' services were terminated.

(2.) Feeling aggrieved of their termination orders, petitioners filed writ petition in this Court praying that the selection was conducted clandestinely without calling petitioners for the interview. The petitioners took an alternative prayer that since their appointments were terminated on account of selection made by the respondents, they be regularized under SRO 64 of 1994. The Court gave a direction that petitioners be accordingly regularized by applying the guidelines passed in case titled Uttam Singh Vs. State of J & K.

(3.) Pursuant to the aforesaid direction of the Court, no steps were taken by the respondents, which impelled the petitioners to file a contempt petition in this regard. In the said contempt petition, the Court directed that the case of the petitioners be considered in light of the Cabinet decision taken in pursuant to the direction of the Court.