Contractual government employees have no vested right to regularization or continued employment beyond their contractual terms. Where appointment agreements explicitly dictate termination upon regular recruitment, such action is valid and beyond judicial interference absent proof of mala fides or arbitrariness.

JUDGMENT & ORDER :

YARENJUNGLA LONGKUMER, J.

WP(C)/52/2024 and WP(C)/73/2024 are disposed of by this common judgment as both petitions are arising out of the same cause of action.

2. The petitioners in the instant writ petitions are aggrieved by the termination order vide Notification No. SOIL/ESTT/32/2014(Pt)/985 dated 12.03.2024 by which the contract service of the petitioners was terminated w.e.f. 07.03.2024.

3. The brief facts of the case leading to the filing of the instant writ petitions as set out in the pleadings is that both the petitioners were appointed as Junior Soil Conservation Officer (JSCO) vide appointment order No. SOIL-2/ESTT-32/2014 dated 03.06.2016 on contract basis against the existing sanctioned posts under the Soil & Water Conservation Department. Their services have been extended from time to time and they have been continuously serving the Government for a period of more than 7 (seven) years, with the latest extension order dated 09.10.2023 extending their services till 30.09.2024. During the course of service of about 7 years, the petitioners had been assigned duties and responsibilities as assigned to regular employees and the petitioner in WP(C)/52/2024 was even awarded an Achievement Certificate for undergoing training organized by the Department of Soil & Water Conservation. They have been discharging their duties with utmost sincerity and dedication.

4. The petitioners have also filed a writ petition, being WP(C)/128/2023 before this Court praying for a direction to consider the case of the petitioner for regularization in terms of the O.M. dated 04.08.2008 and 11.08.2016, which is still pending for adjudication.

5. It is also stated by the petitioners that they have been allotted employment PIMS Code No. SOL01072 and SOL01084, respectively, under the establishment of the Directorate of Soil & Water Conservation, Nagaland as per the standing O.M. dated 04.03.2022. It is stated that by virtue of allotment of the PIMS Code, the petitioners’ service stands on a similar footing as a regular employee in the context of the O.M. dated 04.03.2022 as the code has been allotted after due verification and scrutiny of the employees’ credentials.

6. While they were serving as such on contract basis for 7 years, the Combined Technical Association of Nagaland (CTAN), an NGO staged a protest and agitated against the posts held by the petitioners with the demand to terminate their services. The CTAN, in their ultimatum published in the newspapers, demanded the termination of the two petitioners on or before 11.03.2024, and if not, threatened to lockdown the Directorate office.

7. Thereafter, the petitioners were served with a termination notice vide Notification dated 12.03.2024 and the reason given for the termination being the declaration of NPSC result vide notification No. NPSC/EXAM-3/2023 dated 06.03.2024.

8. The petitioners, thereafter, approached the respondent authorities for information regarding their termination and it was informed through reliable sources that a forwarding letter regarding the termination of contract service of the petitioners and the ultimatum given by CTAN had been forwarded by the Director, Directorate of Soil & Water Conservation, Nagaland to the Commissioner & Secretary of the Departm