Contractual employment for retired officials cannot exceed five years or age of 65, based on the governing policy.

JUDGMENT :

N. UNNI KRISHNAN NAIR, J.

1. Heard Mr. R.C. Sancheti, learned counsel for the petitioners. Also heard Mr. R. Dhar, learned Addl. Senior Government Advocate, Assam and Mr. A. Gayan, learned CGC appearing for the respondents.

2. The above noted writ petitions having involved the same issues; the same were heard together and is being disposed of by this common order.

3. The challenge in the above noted writ petitions, is being noticed as under: -

In WP(C) No. 413/2017, instituted by Dr. Surendra Kumar Saikia and Mohamad Delowar Hussain, the challenge is to orders dated 29.12.2016, by which a termination notice was issued to the petitioners that their services as Deputy Project Director, CSS-ATMA, Morigaon and Deputy Project Director, CSS-ATMA, Goalpara, would stand terminated within a period of one month from the date of issue of the communication. The petitioners, therein, have also prayed for their continuance as Deputy Project Director, CSS-ATMA, till the scheme involved is in operation.

In WP(C) No. 428/2017, the writ petitioners Shri Goutam Kumar Bordoloi and Shri Sarat Chandra Phukan, have also assailed a notice dated 29.12.2016, by which their services as Deputy Project Director, SAMETI was to stand terminated within a period of one month from the date of issue of the said communication. The petitioners have also prayed for continuation of their services till the scheme in question, was in operation.

WP(C) No. 1875/2017, have been filed jointly by the petitioners in WP(C) No. 413/2017 and WP(C) No. 428/2017; and have prayed for restraining the respondent authorities from proceeding to initiate a process of recruitment against the post held by the petitioners therein.

The petitioners have also prayed for a direction upon the respondents to implement the decisions as arrived at in a meeting held for review of “Extension th th Initiative” held on 15 and 17 February, 2016, wherein it was decided that the renewal of contract on annual of six months basis should be avoided keeping it co- terminus with the project in the interest of effectiveness and continuity of extension services in the State.

WP(C) No. 6909/2017 was also instituted by the petitioners in WP(C) No. 413/2017 and WP(C) No. 428/2017; and therein, a prayer was made for release to the petitioners their current as well as arrear salaries w.e.f., the month of January, 2017.

The petitioners herein were engaged under a centrally sponsored team namely “Support to State Extension Programmes for Extension Reforms”, under Agriculture Technology Management Agency, Department of Agriculture, Assam. The said scheme was promoted by the Ministry of Agriculture and Farmers welfare, Government of India, for dedicated specialized and functionary support to take up training and extension services at State, District and Block level. The said scheme was introduced in the year 2010.

The petitioners in WP(C) No. 413/2017 were engaged as Deputy Project Director (CSS-ATMA), on contractual basis under the said scheme w.e.f., 01.06.2011. The petitioners in WP(C) No. 428/2017 similarly, were also engaged under the said scheme as Deputy Directors. While the petitioner No. 1 in WP(C) No. 428/2017 was so engaged w.e.f. 12.07.2013, the petitioner No. 2 was so engaged w.e.f. 02.06.2011. The respondent authorities by projecting that the engagement made with the petitioners were to expire on 31.03.2016; performance reports of the petitioners along with other contractual employees were called for, by the Department of Agriculture, Government of As