Long-term employment based on transparent recruitment cannot be invalidated solely due to procedural irregularities, reinforcing principles of natural justice and legitimate expectations.

JUDGMENT :

ARUN DEV CHOUDHURY, J.

1. The Intra-court Appeals challenge the common judgment & order dated 29.09.2023, passed in WP(C)/1931/2020 and in the other connected writ petitions.

2. The appellants were appointed as Grade-IV employees in the year 2004-2005 against substantive vacancies under the Joint Director, Health Services, Dibrugarh and Goalpara. They continued to serve until their services were terminated in 2019. All these appellants were terminated from their services, and the termination was challenged before the learned single judge.

3. The learned single judge upheld the termination under the impugned judgment.

4. We have heard Mr. M. Goswami, learned Senior Advocate assisted by Mr. R. Singha, learned Advocate appearing for the appellants in WA/429/2023 and WA/428/2023; Mr. R. Sharma, learned Senior Advocate assisted by Mr. D. Deka, learned Advocate appearing for the appellants in WA/453/2023, Mr. A. Dakh, learned Sr. Advocate assisted by Ms. H. Ahmed, learned Advocate for the appellants in WA No.144/2024. Also heard Mr. B. Gogoi, learned Additional Advocate General, Assam assisted by Mr. D. Upamanya, learned Standing Counsel for the Health and Family Welfare Department, Assam.

5. The facts, in a nutshell, in WA Nos. 428/2023, 429/2023, 453/2023 & 31/2024, are that on 4.12.2004 and 3.1.2005, two separate advertisements were issued by the Joint Director of Health Services, Dibrugarh and Goalpara, respectively, seeking applications for selection and appointment to a number of grade-IV posts. In October 2005, the respective Joint Directors issued the appointment orders, and since then, the appellants have been working and have received their salaries.

6. The appellants in WA No. 144/2024 were initially engaged during the periods of 1999-2005 on an ad-hoc or casual basis against the vacant posts and, upon completion of continuous service and availability of permanent vacancies, their services were regularised during the periods of 2009-2011 with effect from their initial dates of engagement.

7. In 2017, the allegations of illegal appointments of Surveillance Workers in the Health Department were raised. Accordingly, on 27.03.2017, the Secretary to the Government of Assam, Health and Family Welfare Department, directed the Director of Health Services, Assam, to conduct a screening process for Surveillance Workers to verify the genuineness of their services.

8. Accordingly, a screening committee was constituted on 17.05.2017 to verify appointment orders, transfer orders, and service books of all grade-IV staff, including Surveillance Workers, in all districts under the Directors of Health Services. Accordingly, the Director of Health Services, Assam, directed all the Joint Directors of Health Services of the concerned districts to submit lists of Grade-IV employees.

9. The Joint Directors of Health Services of Dibrugarh and Sivasagar directed that all Grade-IV staff under their control appear before the Screening Committee constituted for this purpose. A similar exercise was also carried out in the Goalpara district as well.

10. The procedure continued, and finally, the Grade-IV employees were directed to appear before the screening committee on 09.08.2017 in Guwahati, along with all relevant original documents to prove the genuineness of their appointments. Subsequently, in February 2018, show-cause notices were issued to Grade-IV employees whose appointments were found to be not genuine, asking why they should not be removed from service fo