Petitioners challenging cancellation of their driver appointments on contract sought continuation pending regularization. Court dismissed writ, noting lack of norms for contracts but observed petitioners should get fair chance to participate in upcoming Staff Selection Board recruitment.
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GAHC040002422021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH)
Case No. : WP(C) 64/2021
1:Bomka Hano and Anr.
S/O SHRI LUGBOM HANO, A RESIDENT OF POLICE COLONY AALO, WEST SIANG DISTRICT,A P.
2: PUKEN RONYA S/O SHRI DOPU RONYA A PERMANENT RESIDENT OF SIPU COLONY AALO WEST SIANG DISTRICT AP
VERSUS
1:The State of AP and 3 Others THROUGH THE CHIEF SECRETARY, GOVT. OF AP.
2:THE SECRETARY DEPARTMENT OF FOOD AND CIVIL SUPPLIES GOVT. OF AP ITANAGAR.
3:THE DIRECTOR DEPARTMENT OF FOOD AND CIVIL SUPPLIES GOVT OF AP NAHARLAGUN.
4:THE DISTRICT FOOD AND CIVIL SUPPLIES OFFICER WEST SIANG DISTRICT AALO AP
Advocate for the Petitioner : Kemo Lollen
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Advocate for the Respondent : GA (AP)
BEFORE HONBLE MR. JUSTICE NELSON SAILO
ORDER
Date : 04-03-2021
Heard Mr. K. Lollen, learned counsel for the petitioners, who submits that the petitioners although, were appointed as Unskilled Daily Labourers against the vacancies at the consolidated wages of Rs.8,000/- per month vide orders dated 11.08.2009 and 05.02.2019 respectively, their services have been utilized by the District Food & Civil Supply Officer, West Siang District, Aalo as Drivers. Against two vacancies under the said establishment, the Director of Food & Civil Supply appointed the petitioners as Drivers on contract basis at a fixed salary of Rs.25,000/- per month. However, their contract appointment was cancelled by the Secretary to the Govt. of Arunachal Pradesh, Food & Civil Supply Department vide orders both dated 12.02.2021. The learned counsel therefore, submits that it is the limited prayer of the petitioners that pending the filling-up of the two vacant posts of Drivers on regular basis, the petitioners may be allowed to continue on contract basis.
On perusal of the cancellation of the appointment orders of the petitioners on contract basis, it is seen that the Department has taken the stand that there are no norms to make contractual appointments under the department and therefore, the appointments given to the petitioners on contractual basis was unauthorized. It is
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further mentioned that such appointments have been made contrary to the Staff Selection Board guidelines and that vacancies will be filled-up through the said Board in due course. Having regard to the reason for cancellation of the contractual appointment of the petitioners, I do not find the petitioners to have any legitimate grievance. As such, the writ petition is dismissed. It is however, observed herein that in the event, the Departmental authorities initiate the process of filling-up the vacant post of Drivers in the Department through the Staff Selection Board, the petitioners should be given a fair chance to participate in view of their experience and having been asked to perform the duties of the Drivers despite being appointed as Unskilled Daily Labourers.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the cancellation of contractual appointment of petitioners without norms constitutes a legitimate grievance warranting relief in writ proceedings.
1:Bomka Hano and Anr.
The State of AP and 3 Others
NELSON SAILO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
