U. P. Singh, J.

1. The notification dated 5th November, 1983, issued by the Chief Engineer in the Department of Irrigation, Patna, terminating the services of the petitioners has been challenged in both the writ applications. Since the same impugned order has been challenged in both the applications and the questions of fact and law raised are common, they have been heard analogous and are being disposed of by this judgment. The petitioners have further prayed for a suitable direction to the respondents to absorb them permanently in the services of the Department of Irrigation.

2. The Chief Engineer of the Irrigation Department being the proper appointing authority, appointed the petitioners some times, in the year 1979 and 1980 as muster roll workers in Classes III and IV posts in the Department of Irrigation. As such they satisfactorily worked till 18th May, 1983. As and when vacancy arose in the regular sanctioned permanent posts in Classes iii and IV, the Chief Engineer appointed them in temporary capacity on such various posts of peons, bill clerks, tracers, Store-keepers, blue printers and sweepers. This was so done on 18th May, 1983, by different notifications issued