B.K. Sharma, J.

1. All the writ petitions pertaining to appointment and regularization of Junior Inspectors/Auditors of the Cooperative Societies have been heard together and are being disposed of by this common judgment and order. As will be noticed hereinafter, the matter makes shocking revealations of flouting the rules of recruitment Government guidelines, orders passed by this Court and eventually even the cabinet decision.

2. I have heard Mr. B.D. Konwar, learned Counsel for the petitioners as well as Mr. N. Dutta, learned Sr. counsel assisted by Mr. J. Roy, learned Counsel for the private respondents. I have also heard Mr. B.J. Talukdar, learned State counsel representing the Officials of the Cooperative Societies and also Ms. R. Chokraborty, learned State counsel for the other official respondents.

3. While in the first two writ petitions, namely W.P.(C) No. 1672/06 and W.P.(C) No. 2843/06, the challenge made is against regularization of service of the private respondents and for a direction to conduct a fresh selection for appointment, in the third writ petition, namely W.P.(C) No. 3217/06 filed by the private respondents, the prayer made is for their absorption on regular basis and to pay arrear salary w.e.f. 01.04.02. There is no dispute that all the private respondents numbering 74 were appointed as Junior Inspectors/Auditors of the Cooperative Societies on ad hoc basis for a period of four months by order dated 23.03.01. Although initially the appointments were stated to be until further order, but by way of a corrigendum issued on 27.03.04. Such appoints were made for only four months. For a ready reference, the order dated 23.03.01 and the corrigendum dated 27.03.02 are quoted below:

GOVERNMENT OF ASSAM

OFFICE OF THE REGISTRAR OF THE

COOPERATION SOCIETIES: ASSAM:

GUWAHATI

ORDER

Pursuant to the Government order vide No.COOP.452/99/78 dated 21.03.2001 relaxing the existing recruitment rules and conveying clearance of the State Level Empowered Committee Sri Naba Jyoti Patowary, S/o: Nareshwar Das, resident of Bahama Maina Kuchi, Vill./P.O : Hajo, Dist. Kamrup, Assam is appointed temporarily in the interest of public service as Junior Inspector/Auditor or Cooperative Societies, on Ad hoc basis until further order scale of pay was Rs. 3490-90-4480-120-4600-EB-120-5200-175-6600-250-8100 per month plus other allowances as admissible under the rules. This order shall take off effect from the date of his/her joining. He is posted in the office of the DRCS, Kamrup.

Sd/- illegible

(A. Ahmed)

Registrar of Cooperative Societies,

Assam, Guwahati

GOVERNMENT OF ASSAM

OFFICE OF THE REGISTRAR OF THE

COOPERATION SOCIETIES: ASSAM:

GUWAHATI

No. CE.61/95/426 Dated at Guwahati the 27th March 2004

CORRIGENDUM

Ref: This Office Order No.CE.61/95/351 to 425 dated Guwahati

Please read "for four months" in place of "until further order" at ninth line of the order referred to above.

Sd/- illegible

(A. Ahmed)

Registrar of Cooperative Societies, Assam, Guwahati

4. There is no dispute that the services of the private respondents have not been extended further by issuance of any order, yet it is their contention that they are still continuing in their services. The petitioners in the first two writ petitions have annexed Annexures-P/2, P/3, P/4 and P/6 office memoranda by which the Govt. of Assam in the Department of Personnel and Finance conveyed the decision of the Govt. that all direct recruitments should be made by way of regular appointment by following concerned service rules and that there should be no direct recruitment by way of ad hoc appointment in any department. By Annexure-P/6 memorandum dated 30.06.01, the Secretary to the Govt. of Assam in the Personnel Department expressed his serious concern on the recent instances of ad hoc appointments violating the instruction of the State Government. It is the contention of the petitioners that in view of such direction of the State Govt. itself, the private respondents could not have been appointed o