Point of Law: Scope of judicial review when examining a policy of government is to check whether it violates fundamental rights of citizen or opposed to any statutory provision manifestly, arbitrarily.

JUDGMENT :

Tarlok Singh Chauhan, J.

The instant petition has been filed for grant of the following substantive reliefs:-

i. Issue a writ in the nature of certiorari may kindly be issued and the clause-1 of impugned letter dated 12.12.2022 (Annexure P-3) issued by respondent No.1 and Head Office Order No.182/2022-23 dated 13.12.2022 (Annexure P-4) issued by respondent No.3 may kindly be TODAY] quashed and set aside.

ii. That the respondents may kindly be directed to re-engage the petitioner against the post of Tehsildar (Bank Recovery) with the respondent No.3 and be allowed him to complete one year i.e. uptil April, 2022.

2. As per the pleadings of the petitioner, he retired from the post of Tehsildar on 31.03.2021. The State had formulated a policy for re-engaging retired employees for a further period of one year on contract basis so that the experience of such employees could be utilised meaningfully, as such a panel of retired Tehsildar was prepared by the Financial Commissioner-cum-Secretary Revenue, in which panel the name of the petitioner was also included.

3. Since the post of Tehsildar (Bank Recovery) was lying vacant with respondent No. 3, name of the petitioner was sent to respondent No. 3 i.e. H.P. State Co-operative Bank by respondent No. 2 i.e. Financial Commissioner-cum-Revenue Secretary, who in turn, placed the name of the petitioner before the Board of Directors consequent to which after its approval, the petitioner was assigned the post of Tehsildar (Bank Recovery) by respondent No. 3 on 06.04.2022, purely on contract basis for a period of one year on a fixed salary of Rs. 38,673/-.

4. The petitioner joined as such on 13.04.2022, however, in view of the recent change of guard, respondent No. 1 has issued letter dated 12.12.2022, relevant portion whereof reads as under:-

I am to refer to the subject cited above and to say that the Hon'ble Chief Minister has directed to take immediate steps to comply with the following decision:-

1. All extensions or re-employments accorded and operative be terminated forthwith except for Government medical colleges.

2. Decision taken by the cabinet since 1 April, 2022 will be reviewed. All intuitions for which notification for creation/upgradation have been issued be de - notified. Thereafter, administrative departments may put up for fresh consideration of the cabinet, such proposals which are justified.

3. Appointments Vice-Chairman nominated members in Boards Corporations, institutions other Committees including Committees ULBS terminated forthwith.

4. All recruitment departments, underway Boards/Corporations Autonomous Bodies Government, including Public Universities, except being through HP Service Commission and HP Subordinate Services Selection Board kept abeyance. would however not apply the recruitment being made medical colleges and institutions health department.

5. Status quo be maintained in respect of those transfer orders which are not implemented.

5. As a fall out and direct outcome of this letter, the services of the petitioner have been terminated and aggrieved thereby the petitioner has filed the instant petition for the reliefs as quoted above.

6. It is vehemently argued by Shri Neel Kamal Sharma, learned Advocate that the services of the petitioner could not have been terminated without following basic principles of natural justice and fair play and the action of the respondents is in violation of the provisions of Constitution of India, more particularly, Articles 14 and 16 thereof.

We have heard learned counsel for the petitioner and have gone through the record of the case.

7. It is the specific case of the petitioner that his appointment was in pursuance to the policy (though the same has not been annexed with the petition) of the State Government wherein they had decided to re-engage the retired employees after attaining the age of superannuation for a period of one year on contract basis so that the experience of such employees could be properly utitilised.

8. Once