The appointments of Grade-IV staff must comply with statutory requirements, and failure to adhere results in illegality, leading to dismissal without entitlements to remuneration.

JUDGMENT :

In all the thirteen writ petitions before this Court, the petitioners herein who were appointed as the Grade-IV employees by the Joint Director of Health Services/Directors of Health Services, Assam were removed by the respective removal orders which have been put to challenge before this Court.

2. Taking into account the reasons assigned by the State respondents in their stand being parimeteria, the thirteen writ petitions are taken up for disposal by the instant common judgment and order. Before adjudicating as regards the legality and validity of the order of removal of the petitioners in the instant batch of writ petitions, this Court finds it relevant to take note of the respective facts in each of the writ petition on the basis of which the petitioners challenged their removal by the respondent authorities. For the sake of brevity and to avoid prolixity, this Court would not be repeating the overlapping facts.

WP(C) No.1931/2020

3. In the instant writ petition, forty six writ petitioners have assailed their respective removal orders. The date of the impugned removal orders is 24.02.2020 and the contents of said removal orders are similar.

4. The petitioners in the instant writ petition claim that there was an advertisement dated 04.12.2004 issued by the Joint Director of Health Services, Dibrugarh for filling up of few vacant posts of Grade-IV under the establishment of Joint Director of Health Services, Dibrugarh and the Office of the Malaria Officer Dibrugarh. In the said advertisement, the eligibility criteria was mentioned that the candidates must have passed Class VIII examination and the minimum age was 18 years and the maximum age limit not more than 36 years. It was also mentioned that there would be relaxation for SC/SC candidates. It was also mentioned that the applications must reach the Office of the Joint Director of Health Services, Dibrugarh on or before 20.12.2004.

5. It further transpires from the said advertisement enclosed to the writ petition that the copy of the said advertisement was sent to the Editor of the Assamese Daily newspaper “Asom Spandan”, Dibrugarh for information and publication of the said advertisement in the next issue at “Asom Spandan” as well as also to the Office Notice Board. It is however not known whether such advertisement was at all published in the newspaper in question. The petitioners herein applied pursuant to the said advertisement and were issued respective appointment orders during the month of February, 2005 and March, 2005.

6. From a perusal of the said appointment orders enclosed as Annexure-2 (Colly) to the writ petition, it is seen that the petitioners were appointed as Grade-IV employees subject to discharge without notice and without assigning any reason on purely temporary basis against vacant sanctioned posts under the establishment of the Joint Director of Health Services, Dibrugarh with pay scale and other allow