Regularisation of appointment by agreement bars reopening of question of validity of initial appointment after 12 years.

S. K. Mookerji, A. K. Ganguly, JJ.

1. Heard the learned counsel for the petitioners and also the learned counsel for the State.

2. The petitioners, Asbok Kumar and thirteen others, by this writ petition, pray for quashing the order dated 30th December, 1992, passed by the Superintending Engineer, Road Construction Department, Road circle, Purnea. The said order is Annexure-11 to this writ petition.

3. By the said impugned order, the service of the petitioners have been terminated.

4. After hearing the learned counsel for the parties and also taking into consideration the materials on record, we are disposing of this writ petition finally at the stage of admission.

5. Briefly stated, the facts of the case are that earlier the petitioners bad filed a writ petition bearing C. W. J. C. No.2460 of 1982 and that writ petition was finally disposed of by this Court by a judgment dated 24-7-1991, a copy whereof is Armexure-5 to this writ petition. It is clear from the said judgment tbat the petitioners were appointed in regular work-charged establishment of the P W D in Araria district in the year 1981 as class IV employees on different post on diverse dates. The appointment of the petitioners were subsequently regularised by an agreement dated 24-9-1981, entered into between the Executive Engineer and the Sub divisional Officers, P. W. D. , Araria and also the Joint Secretary and other officers of the Union to which the petitioners belonged. In that writ petition, the petitioners bad challenged the order dated 10-6-1982, by which the services of the petitioners were earlier terminated. By the aforesaid judgment and order dated 24-7-1991, the writ petition was allowed. In that judgment the Court come to the finding that the appointment of the writ petitioners though temporary and ad hoc were regularised by agreement dated 24-9-1981. The Court also come to another conclusion that the petitioners have worked for 240 days and are entitled to the protection of Sec.25 (F) of the Industrial Disputes Act. No appeal having been filed against, the same has become final Thereafter, the court observed in that judgment that the petitioners would be allowed to join their posts with such benefits of services as might be permissible to them, and if the respondents concerned were desirous to proceed further in retrenching or terminating the services of the petitioners, they should follow the procedure of law.

6. From this judgment it emerges that it is not open to the respondents either to retrench the petitioners or terminate their services except in accordance with law. Thereafter, it appears that under the threat of a contempt proceeding, the petitioner were allowed to join on 27 4-1992 and on the same day, notices were issued to the petitioners, a copy whereof is Annexure-7 to this writ petition, to show cause why there services should not be terminated as their appointment were not made in accordance with law. The show-cause notice does not give any other details.

7. At this stage to make the record straight, it is relevant to observe that in between the period of first termination order dated 10-6-1982, and the date of joining i. e.27-4-1992 in pursuance of the order of this Court inc. W. J. C. No.2460 of 1982, the petitioners were neither permitted to work nor paid any salary by the respondent nor was there interim order of the Court to that effect.

8. In pursuance of the show cause notice, Ann exure-7 to this writ petition, the petitioners also filed their reply and thereafter the impugned order has been passed against the petitioners, a copy whereof is Annexure-11 to this writ petition.

9. From the perusal of Annexure-11, it appears that the respondents came to the finding that neither there was any vacancy at the time of appointment of the petitioners in the year 1981 nor there was any sanction by the department. It is also held therein that no power was delegated by the Government in favour of the authority concerned to make the app