Bibek Chaudhuri, J. – The Petitioners are contractual Drivers-Constables, working under Home (Police) Department since the year 2011. They have filed the instant Writ Petition for the following reliefs: –

“(i) To issue an appropriate writ/order/direction in the nature of certiorari for quashing the order bearing memo no. 106 dated 15.06.2021 issued under the signature of Assistant (Welfare) of Director General of Police, Bihar whereunder a decision was taken to end the services of contractual Driver, constables and in any event after 31.07.2021 they will be not paid any remuneration with a direction to serve a one month notice upon the Petitioners in terms of Clause-9 of the agreement. (Annexure-19).

(ii) To issue an appropriate writ/order/direction in the nature of certiorari for quashing the order bearing memo no. 1353 dated 19.06.2021 issued under the signature of Superintendent of Police, Begusarai wherein the services of Petitioner no. 60 namely Vijay Kumar contractual Driver no. 5499 is being terminated in terms of Clause 9 of the agreement from one month after receiving the letter dated 19.06.2021 and similar termination letters issued to the other Petitioners by the Superintendent of Police of other districts in view of the letter no. 106 dated 15.06.2021 issued from the office of the Director General of Police (Annexure-20).

(iii) To issue an appropriate writ/order/direction in the nature of mandamus commanding the Respondents to regularize the service of the Petitioners who were appointed on the post of Sepoy Driver on the basis of the representation dated 12.10.2018 before the Respondents in compliance of the direction made in the order dated 06.09.2017 passed in CWJC No. 16505 of 2014 as well as in LPA No. 1648 of 2017 in its order dated 17.04.2018.

(iv) To issue an appropriate writ/order/direction in the nature of mandamus commanding the Respondents to allow the Petitioners to continue on the post of Sepoy Driver on contractual till their age of retirement i.e. 60 years against the vacant sanctioned post of Driver in the police department.

(v) To issue an appropriate writ/order/direction in the nature of mandamus commanding the Respondents not to implement the order bearing memo no. 106 dated 15.06.2021 issued under the signature of Assistant (Welfare) of Director General of Police, Bihar and allowed to be continued on the post of Sepoy Driver till the pendency of the main writ application.

(vi) To any other relief or reliefs for which the Petitioners are entitled.”

2. By Notification No. 3390, dated 30th July, 2010, a Selection Committee was constituted for appointment of Sepoy Driver against 610 vacant posts in Bihar Police on contractual basis. Subsequently, on 30th August, 2010, an advertisement was published in the Daily Newspaper “Dainik Jagran” by the Director General of Police, Bihar, Patna for appointment of 610 vacant sanctioned posts of Sepoy Driver. In the said advertisement, the essential qualification was prescribed as 10th pass at Clause 1(ii) and the candidates should have driving license of heavy motor vehicle/light motor vehicle issued at least two years prior to the publication of the advertisement, prescribed at Clause (1) (iii). Clause 1 (iv) of the said advertisement detailed out the number of general category and reserved category vacancies in terms of the roster prescribed in letter No. 4184, dated 20th of May, 2010, issued by Home (Police) Department, Bihar, Patna. The Petitioners applied for the said posts and according to merit, they were appointed as Sepoy Driver on contractual basis for eleven months.

3. It is pertinent to mention here that the Petitioners were initially selected for 11 months and at the time of their appointment they had to execute an agreement with the Home (Police) Department.

4. Subsequently, the contractual period of the service of the Petitioners were enhanced time to time by Home (Police) Department vide Memo Nos. 1421, dated 26th April 2011; 2480, dated 7th June, 2013;