CHAKRADHARI SHARAN SINGH, J.:–The finding of the proceeding of meeting held under the Chairmanship of Chief Engineer-cum-Special Secretary, Public Health Engineering Department (hereinafter referred to as 'the PHED') on 20.04.2020 for conducting personal online interaction of the Specialist Officers working under Neer Nirmal Pariyojna (NNP) with a view to absorb them into the new project of Jal Jeevan Mission (JJM) has been challenged in the present writ application to the extent that the petitioner's candidature for absorption in JJM has been rejected on the ground that his work in NNP was unsatisfactory. The said proceedings of the meeting has been circulated vide memo No. 63 dated 27.04.2020, which has been brought on record by way of Annexure-P-14 to the writ application. The petitioner has also sought for a direction to the respondents to absorb him as a Nodal Officer at Bhabhua or any place under the new project of Jal Jeevan Mission for which he was originally selected vide letter dated 15.04.2020 issued by the Mission Director of JJM.

2. Certain foundational facts stated in the writ application are not in dispute as it appears from the counter affidavit filed on behalf of the respondent Nos. 2 to 6. It has, therefore, been considered appropriate to extract admitted facts from the counter affidavit itself, which are as under.

3. The Bihar State Water and Sanitation Mission is the executing agency of Rural Water Supply and Sanitation Project-Low Income State (RWSSP-LIS) in the State of Bihar, aided by the World Bank and Ministry of Drinking Water and Sanitation (Government of India and Government of Bihar). The State Project Management Unit (SPMU) has been constituted at the State level and at the level of the District, the District Project Management Unit (DPMU) have been constituted for effective implementation of the project. The scheme was for six years, beginning from the financial years 2013-15. In the district of Nawada, following posts were made available in the DPMU:—

"i. District Project Manager-Executive Engineer of PH Division Nawada.

ii. Assistant Project Manager

(Assistant Engineer of Project Area)

iii. Five Consultant/Specialist

a. Procurement Specialist

b. Social Development and Communication Specialist.

c. M & E/MIS Specialist

d. Environment Specialist

e. Project Supervisor"

4. A notice for walk-in-interview to fill up the post was published and a walk-in- interview was held. On the basis of merit list someone else was appointed as Procurement Specialist. This is not in dispute that subsequently the petitioner was appointed as Procurement Specialist in DPMU, Nawada vide letter dated 11.07.2019. Clause-E of the appointment letter specifically stated that the contractual appointment could be terminated without giving any notice in the event of continuous absence for seven days.

5. Through letter dated 04.02.2020 the Engineer-in-Chief-cum-Special Secretary, PHED informed the Executive Engineer-cum-District Project Manager, Nawada that the World Bank had informed the Government of India and the Government of Bihar that the work of NNM Scheme shall terminate with effect from 31.03.2020.

6. In the meanwhile, the Government of India commissioned a new project, viz, Jal Jeevan Mission (JJM) to provide potable water supply through functional household tap connection to every household by 2024 by a bottom-up, community centric service approach for which the Annual Action Plan ( 2020-21) from the State of Bihar was demanded through letter dated 27.03.2020. Considering the requirement of experienced consultant for Jal Jeevan Mission, (JJM), it was resolved to engage existing work force of NNP for the said purpose. Accordingly willingness of the consultant working in the DPMU was sought by the Special Secretary, PHED-cum-Project Director, vide letter dated 27.03.2020 addressed to the Executive Engineer, PH Division, Nawada. He was asked to seek willingness of the specialists of DPMUs to work further in the Project, viz, JJM. The E