IMPORTANT POINT
The main legal point established in the judgment is that contract employees, who have worked for a significant period and possess the necessary qualifications, are entitled to seek regularization of their services. The judgment emphasizes the principle of equal treatment under Article 14 of the Constitution of India.

JUDGMENT

1. W.P.(C) No.794 of 2016 has been filed by the petitioners praying to set aside the notification dated 21.09.2016 with a further prayer to direct the respondents to regularize the services of the petitioners to the posts of driver as have been done in respect of other similarly situated incumbents.

2. W.P.(C) No.2 of 2017 has been filed by the petitioners [petitioners 3 and 2 in W.P. (C) No.794 of 2016] to set aside the impugned notification dated 29.11.2016 as the same is not sustainable and to direct the respondents to regularize the service of the petitioners as has been done in the cases of other similarly situated incumbents.

3. W.P.(C) No.61 of 2019 has been filed by the petitioners, who are similar to the petitioners in W.P.(C) Nos.794 of 2016 seeking a writ of mandamus directing the respondents to regularize the service of the petitioners to the post of drivers in the Department of Veterinary and Animal Husbandry, Government of Manipur.

4. Since the issue involved in all three writ petitions is one and the same, they are taken up together and disposed of by this common order.

5. The common case of the petitioners is that on 7.8.2010, a notification was issued for filling up 8 posts of driver on contract basis in the Directorate of Veterinary and Animal Husbandry Services, Manipur. On 8.9.2010, the petitioners were engaged on contract basis as drivers pursuant to the recommendation by the screening committee and on 9.9.2010, the petitioners were attached at the office of the Central Dairy Plant, Porompat by the order of the Director. By the order dated 18.10.2011, the Government re-engaged/extended the contractual services of the petitioners from 10.9.2011 to 28.02.2012. Similar extensions/re-engagements were given by the Government to the petitioners with effect from 2.3.2012 to 28.2.2013; 2.3.2013 to 28.2.2014; 2.3.2014 to 28.2.2015 respectively.

6. Further case of the petitioners is that on 29.6.2015, the contractual services of 6 incumbents serving in the General Administration Department were regularized in pursuance of the decision of the State Cabinet with concurrence of the Department of Personnel and Finance Department. In this regard, on 3.9.2016, a representation was submitted to the Director, Veterinary and Animal Husbandry by the General Secretary of All Manipur Veterinary and Animal Husbandry Services Contract Employees Association to regularize the contract employees serving in the said department. On 21.9.2016, the Government approved extension of the contractual services of the petitioners with effect from 2.3.2015 to 29.2.2016. While so, on 21.9.2016, the Director had issued a notification for filling up of 13 posts of driver on regular basis from the open competition. Similar notifications were also issued by the Director for filling up of various posts in the Directorate on regular basis from open competition without considering the cases of the contractual employees who are long sufferers.

7. According to the petitioners, aggrieved by the notifications, three incumbents, who are serving as Milk Recorder approached this Court by filing W.P.(C) No.710 of 2016 challenging the validity of the advertisement/recruitment process with a prayer to regularize the services as has been done in respect of other incumbents serving in other departments under the Government of Manipur. In the said writ petition, this Court granted an interim order whereby a direction was given to the respondents not to make any appointment against the posts held by the petitioners till the disposal of the said writ petition.

8. According to the petitioners, they have been serving as drivers on contract basis for a long by enjoying a meagre amount of salary. However, the respondent authorities, instead of considering to regularize their services, have taken steps to fill up the posts which is being held by them on regular basis from open competition. Such action of the respondents is illegal and arbitrary.

9. It is also the case of