JUDGMENT :

M.S. Sonak, J.

1. Heard Mr. J.E. Coelho Pereira, learned Senior Advocate, who appears along with Mr. Vinod Korgaonkar and Mr. P. Kamat on behalf of the Petitioners in each of these Petitions and Mr. D. J. Pangam, learned Advocate General, who appears along with respective Additional Govt. Advocates on behalf of the Respondents. After hearing the learned counsel extensively, we proceed to dispose of these petitions.

2. Mr. Pereira, at the outset, submits that common issues of law and fact, arise in each of the above Petitions and, therefore, there can be no difficulty in considering all these Petitions together. He submits that Writ Petition No.135/2022 (filing) may be taken as the lead Petition. The learned Advocate General also agrees to the adoption of this course of action.

3. The challenge in each of these Petitions is to the non-regularisation of the Petitioners' services as Technical Assistant in the Public Work Department (PWD). The Petitioners also challenge the Recruitment Rules notified on 2/6/2021 to the extent they render some of the Petitioners ineligible to be considered for regular appointment to the post of Technical Assistant (Computer/Electronics/ Information Technology). There is also a challenge to the Memorandum dated 12/11/2021 extending the services of the Petitioners on a contractual basis by only 3 months considering the Memorandum dated 5/8/2021 which the Petitioners rely upon, as also the alleged right of the Petitioners to be considered for regularisation.

4. The Petitioners have pleaded and the record bears out that an advertisement was issued sometime in the year 2012 for filling up 46 posts of Technical Assistant on a contractual basis on a consolidated salary of Rs. 18,700/-per month. This advertisement dated 23/11/2012, read with corrigendum issued sometime thereafter, had provided the following essential and desirable qualifications for appointment to the post of Technical Assistant on a contract basis :

“Essential:

(1) Diploma in Engineering/Technology (Computer Science/Electronics and Telecommunications) or Bachelor of Computer Application or Bachelor of Sciences(Computer Science)or equivalent.

(2) Age not exceeding to 42 years

(3) Knowledge of Konkani.

Desirable :

(1) Knowledge of Marathi

Note: In case of non-availability of a suitable candidate with the knowledge of Konkani, this requirement can be relaxed.”

5. Mr. Pereira submitted that almost 2700 candidates applied for an appointment on a contractual basis to the post of Technical Assistant. Interviews were conducted by a Four Member Committee and, ultimately, on the recommendations of the Director (IT), by an order dated 26/8/2013, 31 candidates, including the Petitioners were appointed as Technical Assistant on a contractual basis, on a monthly consolidated salary of Rs. 18,000/-.

6. The order dated 26/8/2013 makes it clear that the same is subject to the conditions stipulated in the offers of appointment issued to the Petitioners. A copy of one of such offers of appointment dated 5/7/2013 is placed on record. Clause (i) of this Memorandum dated 5/7/2013 (offer of appointment) sets out the following terms of appointment :

“1. The terms of appointment is as follows :

(i) The appointment is purely on contract basis and will not confer any title for permanent employment.

(ii) The appointment may be terminated at any time by a month’s notice given by either side, viz. The appointee or the appointing authority, without assigning any reasons. The appointing authority however, reserves the right of terminating the services of the appointee forthwith and on such termination the appointee shall be entitled to claim a sum equivalent to the amount of his monthly salary for period of the notice at the same rate at which he/she was drawing them immediately before the termination of his/her services, or as the case may be, for the period by which such notice falls short of the month.

(iii) The appointment carries with it the liability to serve in any part