The termination of services of contractual employees and the fulfillment of conditions mentioned in an earlier order.

JUDGMENT

Rekha Borana, J. - The matters come upon (i) an application under Article 226(3) of the Constitution of India filed by the respondent-Department for vacation of the interim order dated 02.11.2018 and (ii) an application preferred on behalf of the petitioners for release of their due salary.

2. With the consent of learned counsel for the parties, the matters have been heard finally.

3. The present writ petitions have been filed against the order dated 31.08.2018 whereby the services of the petitioners have sought to be terminated.

4. Brief facts of the case are that:-

The petitioners were appointed as Computer Operator (Man with Machine) with the respondent-Department. In the year 2016, the services of the petitioners were sought to be terminated vide order dated 06.05.2016. Against the said order, several writ petitions were filed before this Court and the writ petitions of some of the petitioners were disposed of vide order dated 18.01.2018 with the following observations:-

"2. Admittedly, the petitioners were appointed on the post of Computer Operator Man with Machine and have been discharging their duties for more than 10 years. The extension of the yearly contract was being made by the respondents. The communication dated 17.04.2013 (Annexure-4) reflects that the respondents themselves were satisfied with the services of the petitioners and their necessity was recorded. The respondents also contemplated regularization of the services of the petitioner vide Annexure-9. However, the respondents made a communication dated 06.05.2016 (Annexure-10) which sought to remove the petitioners from their services.

3. The respondents have submitted in their reply that the petitioners were contractual employees and they have entered the contract with an open eyes and thus, cannot seek any kind of continuance. The respondents have further pleaded in their reply that any kind of absorption, regularization or permanent continuance of the temporary contractual employment cannot be claim as any public employment dehors the constitutional scheme cannot be sustained in the eye of law. The respondents have also submitted that the vary basis of the contractual appointment is the conditions on which the contract is made and admittedly it is a yearly contract and therefore, the respondents were not in a position to continue the same.

5. After hearing learned counsel for the parties and perusing the record of the case, this Court is of the opinion that a contractual employees’ services cannot be terminated except for 3 apparent reasons:

Firstly, the contractual employee is not rendering satisfactory services and therefore, their services are no longer required.

Secondly, the scheme/plan/project/post is abolished and is no more in existence.

Thirdly, the petitioners are being replaced by regularly selected candidates for the same post.

6. Since, the respondents have not made out any of the aforesaid reasons for taking the decision of terminating the services of the petitioners, therefore, the writ petitions are disposed of while directing the respondents to continue the petitioners until one of the above three reasons are available to the respondents to take such decision of discontinuance. However, the respondents shall be at liberty to take any further action strictly in accordance with law while complying with the aforementioned terms."

5. After passing of the order dated 18.01.2018, the services of the petitioners were continued and now vide impugned order dated 31.08.2018, their services were again sought to be terminated. Aggrieved by the same, the present writ petitions have been filed.

6. During the course of arguments, counsel for the petitioners placed on record an office order dated 29.04.2022 whereby sanction of certain posts for Computer Operator Man with Machine has again been given by the State authorities.

7. Learned counsel for the petitioners submitted that in view of the three conditions as laid down in the earlier order dated 18.01.201