The court affirmed that employment contracts dictate the terms of service termination, emphasizing that budgetary concerns justify cessation under established contractual frameworks.

JUDGMENT :

ANSHUMAN, J.

Initially, learned counsel for the petitioners submits that he is not emphasizing prayer No. (iii) of the writ petition and seeks permission to delete the said prayer during the course of the day.

2. Permission granted.

3. Heard learned Sr. Counsel for the petitioners, learned counsel for the State and learned counsel for the Mid Day Meal.

4. Learned Senior Counsel for the petitioners submits that the present writ petition has been filed to quash the letter dated 24.02.2025, issued by the Director, Mid Day Meal, wherein the Data Entry Operator-cum-Bihar Resource Person has been ordered to be terminated with effect from 31.03.2025, citing the reason of a shortage of budget. The petitioners further seek the quashing of the consequential order issued by the District Programme Officer, Mid Day Meal, Bihar, under Letter No. 491 dated 24.02.2025, which is in accordance with the aforementioned letter from the Director, Mid Day Meal, Bihar, Patna.

5. Learned Senior Counsel for the petitioners further submits that the petitioners were appointed against the sanctioned and vacant post of Data Entry Operator-cum-Block Resource Person. A general notice was issued inviting different agencies to supply manpower for the placement of Data Entry Operator in all blocks of the district, as per Letter No. 1573 dated 11.07.2023 in accordance with Minute Nos. 6 and 7. In total of 15 agencies were selected for various districts of Bihar. Subsequently, these selected outsourcing agencies conducted a typing competency exam for the petitioners and recommended their names to the Directorate, Mid Day Meal, Bihar, Patna. The Directorate thereafter hold another competency test, in which the petitioners passed and then only their names were recommended for appointment as Data Entry Operator-cum-Bihar Resource Person in different blocks of the district. The District Programme Officer, Mid Day Meal, subsequently accepted the petitioners' joining in their respective district offices in 2023 for the position of Data Entry Operator-cum- Bihar Resource Person. Following this, some of the petitioners were assigned to specific blocks through office orders issued under the signature of the District Programme Officer, Mid Day Meal.

6. Learned Senior Counsel further submits that all the outsourcing agencies executed agreements with the Education Department (MDM) between August and October 2023, initially for a period of three years, with the possibility of an extension for an additional two years, provided the work shall be found satisfactory. The petitioners were appointed in September, October, and other months of 2023, and till date, there have been no adverse remarks either against the petitioners or their respective agencies. Following the satisfactory completion of one year of service by the petitioners, the department, in accordance with the agreement, extended their services for an additional year through Letter No. 3115 dated 17.10.2024, issued by the Director, Mid Day Meal, Bihar, Patna. This extension is applicable throughout Bihar. Learned Senior Counsel further submits that the State Project Director, Bihar Education Project Council, Patna, issued Letter No. 315 dated 17.01.2025, which indicates that the services of Data Entry Operators whose service period has already been extended by the competent authority will not be disturbed. Following this, the Director, Mid Day Meal, Bihar, Patna, issued Letter No. 3115 dated 17.10.2024, extending the service period of Data Entry Operators- cum- Bihar Resource Persons engaged on a contractual basis for an additional one year, i.e., until September-October 2025. A