Adhoc employees cannot be replaced by another adhoc employee and should be continued as long as the scheme continues, co-terminus with the scheme.

JUDGMENT

Sandeep V. Marne, J.

Rule. Rule made returnable forthwith. With the consent of parties taken up for final hearing.

2. Integrated Child Protection Scheme (for short ICPS) has been implemented by the Central Government in partnership with the State Government for prevention of child rights violation, enhanced infrastructure for protection services and financial support for implementation of the Juvenile Justice (Care and Protection of Children) Act 2000. The ICPS envisages setting up of District Child Protection Units in each of the districts.

3. The Commissioner Woman and Child Development Department Pune had issued an advertisement on 10.11.2012 for filling up various posts in District Child Protection Units in each districts in various divisions. The posts were to be filled on contract basis. The petitioners applied in pursuance of the advertisement and came to be appointed on the posts of Legal cum Probation Officer, Accountant, District Child Protection Officer and Protection Officer-Non-Institutional, etc. The appointments were on contract basis for a period of three years. There was a provision for renewal of the appointment after 11 months based on performance. It was further provided that total contract was for three years extendable by two years, based on performance. The petitioners continued to work on these terms. Apprehending that they would not be continued in service, they filed Writ Petition No. 6142 of 2016 seeking continuation in service and payment of salary. The petition was disposed of by order dated 26.04.2017 recording statement on behalf of respondents therein that such of the petitioners whose appraisal reports were found satisfactory would be continued for a further period of two years. Accordingly, the services of the petitioners were continued.

4. On 05.07.2017 instructions were issued for outsourcing manpower required in the District Child Protection Unit. This decision for outsourcing the manpower became subject matter of Writ Petition No. 7798 of 2017 filed before the Nagpur Bench of this Court, which was pleased to set aside the instructions dated 05.07.2017. The petitioners had also challenged the said decision dated 05.07.2017 in Writ Petition No. 13713 of 2018, which came to be disposed of by judgment and order dated 09.02.2021 following the decision of the Nagpur Bench.

5. It is the case of the petitioners that, even after succeeding in Writ Petition No. 13713 of 2018, their services came to be terminated by the respondent No. 6 with effect from 04.03.2021 vide communication dated 24.03.2021. The reason for termination of services of the petitioners was shown to be non issuance of specific directions by this Court for continuance of services of the petitioners. The petitioners have challenged the termination of their services in the present petition and have also sought regularization as per the scheme in operation or till they attain the age of superannuation.

6. Appearing for the petitioners Mr. Sandeepkumar Swami, learned advocate has submitted that as long as the scheme is in continuation, the petitioners are required to be continued in service. He has placed reliance on communication dated 07.07.2022, by which fresh recruitment is sought to be undertaken on contract basis. He submits that the respondents are seeking to replace one set of contractual employees with another, which is impermissible in law. He relied on the decision of the Jharkhand High Court in the case of Alok Burman and others Vs. Union of India and others in Writ Petition (S) No. 20 of 2017 decided on 24.10.2017. He also relied on the decision of this Court in the case of ATMA Employees’ Welfare Association, Aurangabad Vs. The Union of India in Writ Petition No. 5060 of 2015 decided on 24.08.2016.

7. Per contra, Mr. Yawalkar appearing for the respondents has opposed the petition submitting that the appointments of the petitioners are in accordance with the scheme and, therefore, they are bound by all the terms and cond