Termination of service of an employee on temporary basis is unreasonable if the employee was not given any job for a period of one and a half years.

S.B. Sinha, J.

1. In this writ petition the petitioners challenge the order dated 29th November, 1982 as contained in annexure 10 to this writ petition whereby and whereunder their services were terminated.

2. The facts of the case which are not much in dispute are as follows:

On or about 20th May, 1979 an advertisement was issued by the respondent no. 2 inviting applications for appointment in the lower division clerks-cum typists for filling up the vacancies in 54 posts. The manner in which the vacancies were to be filled up, has been mentioned in paragraph 7 of the writ petition. The petitioners have stated that there existed a circular dated 12th July, 1977 which has been annexed to this writ petition and marked as Annexure 2 whereby and whereunder the Govt. directed that with a view to aid the dependents of the deceased employees who had died while in course of duty, one of his dependents i.e. either the son or daughter should be given preference in the matter of appointment, if they otherwise qualify or found competent to hold that post.

3. Pursuant to and in furtherance of the aforementioned advertisement and pursuant to and in furtherance of the aforementioned Circular the petitioners filed application for appointment in the aforementioned posts and further claimed preference in, respect thereof. The respective qualifications of the petitioners 1 to 4 have been mentioned in paragraph 11 of the writ petition which are not disputed.

4. Before the petitioners were appointed, they were asked to appear in an interview and also in a speed test in Hindi and English typewriting. The petitioners state that after the aforementioned interview took place and after they passed in the typing test held by the respondents, they were selected by the Selection Committee and in view of the fact that the Selection Committee found the petitioners fit for appointment on the posts of lower Division Clerks-cum-typists on the basis of their educational qualifications and other prerequisite qualifications, they were so appointed on the said posts on or about 26th April, 1980 by a letter as contained in annexure 3 to the writ petition.

5. From a perusal of, annexure 3 to the writ application it appears that the petitioners were appointed on temporary basis and one of the conditions imposed in the said offer of appointment was that after following the prescribed procedure the petitioners's services would be regularised if they pass the typing test in Hindi at the rate of 35 words per minute. The aforementioned condition appears to be mandatory in character. It was further mentioned in the aforementioned offer of appointment that if the petitioners pass the typing test in English at the rate or 30 words per minute they would be given preference in the matter of regularisation considering the same as an additional qualification.

6. It has further been mentioned in the aforementioned offer of appointment that the petitioners would be subjected to typing test both in Hindi as well as in English every six months.

7. The petitioners have further stated that, however, their appointments were cancelled by an order passed by the Deputy Commissioner, Hazaribagh dated 29th October, 1980. This order is contained in annexure 4 to this writ application. The petitioners came to this Court by filing an application under Articles 226 and 227 of the Constitution and a Division Bench of this Court, in terms of the order as contained in annexures 6 and 7 to the writ application, quashed the aforementioned order as contained in annexure 4 as referred to hereinbefore.

8. The petitioners, however, were thereafter directed to appear for typing test in Hindi on 1.10.81 and in English on 18.6.82. The said orders are contained in annexures 8 and 9 to the writ application. The petitioners in para 27 of the writ application have stated as follow;

"That the petitioners, however, appeared before the Establishment Deputy Collector Hazaribagh for a typing test but they were not t