Contractual employees appointed to sanctioned posts cannot be terminated by administrative orders targeting unauthorized engagements. Where state policy mandates due process for contractual service, termination without notice or hearing is arbitrary and void.

ORDER :

JAI KUMAR PILLAI, J.

These are a bunch of writ petitions filed by the petitioners under Article 226 of the Constitution of India challenging the common order/letter dated 02/03/2019 and 19/03/2019 issued by respondent directing that the services of persons appointed on contractual basis as Technical Assistants under the Mahatma Gandhi National Rural Employment Guarantee Scheme (hereinafter referred to as “MNREGS/MNREGA”) shall not be continued after 28/02/2019, pursuant to which consequential steps have been taken by the authorities for discontinuance of the petitioners from service.

2. Since the facts involved in all these writ petitions are similar and the questions of law raised are identical, they were heard together and are being decided analogously by this common order. As the facts involved in all the writ petitions are identical, the pleadings and annexures filed in W.P. No. 5807/2019 are treated as the lead case and are taken into consideration for adjudication of the entire bunch of writ petitions.

3. The facts of the case, briefly stated, are that under the Mahatma Gandhi National Rural Employment Guarantee Scheme, Madhya Pradesh a process was initiated for appointment of Technical Assistants on contractual basis by issuance of notification inviting applications thereafter vide letter No. 2504 dated 10/05/2010, the Directorate of Training, Madhya Pradesh, directed the concerned authorities, including the Principal, Industrial Training Institute, Khilchipur, to make appointments to the post of Technical Assistant on contractual basis under MNREGS. Pursuant thereto, applications were invited in the prescribed format, interviews were conducted, and eligible candidates were selected and appointed as Technical Assistants on contractual basis by order dated 24/06/2010.

4. Prior to issuance of the appointment orders, correspondence was made by the competent authority, which is placed on record as Annexure P/5. During the course of their engagement, the petitioners were assigned various duties, including election-related duties, under different orders. The petitioners continued to work as Technical Assistants under MNREGS pursuant to extensions granted from time to time. On 02/03/2019 and 19/03/2019, respondent authority issued a letter/order directing that persons working on contractual basis under MNREGS shall not be continued after 28/02/2019. In compliance of the aforesaid order, the subordinate authorities initiated proceedings to discontinue the services of the petitioners. Aggrieved by the issuance of the order dated 02/03/2019 and 19/03/2019 and the consequential action taken thereunder, the petitioners have approached this Court by filing the present batch of writ petitions.

5. Learned counsel for the petitioners submitted that the impugned orders dated 02/03/2019 and 19/03/2019 are illegal, arbitrary, and contrary to the settled principles of law, and infringes the constitutional rights of the petitioners. It is contended that the petitioners were appointed to the post of Technical Assistant after following due procedure, including issuance of notification, interview, and selection, and have continuously rendered services under MNREGS since the year 2010. It is further contended that the petitioners were appointed on sanctioned posts and their services were extended from time to time, reflecting satisfaction of the respondents with their performance. According to the petitioners, as per the governing terms and conditions, termination of contractual appointment can be effected only in accordance with prescribed procedure, including notice, whereas the impugned action has been taken abruptly and without due process.

6. It is submitted that the petitioners have rendered long years of service and their discontinuance without assigning any reason or fault is arbitrary and violative of Articles 14 and 16 of the Constitution of India. The petitioners further contended that the posts of Technical Assistant are sanctioned