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Judgment
This appeal is before us to examine correctness of the order
dated 19.02.2014 passed by learned Single Bench in S.B. Civil
Writ Petitions No.3328/2008 & 3330/2008.
By the order aforesaid, learned Single Bench dismissed the
petition for writ preferred by the appellant-petitioners challenging
their disengagement from contractual service.
Learned Single Bench after examining entire record of the
case arrived at the conclusion that the appointment was provided
to the appellant-petitioners without adhering the reasonable
process and just by acting upon the unilateral application
submitted by the person concerned.
In appeal, it is stated on behalf of the appellant that learned
Single Bench failed to appreciate that adequate evidence by way
of additional affidavit was adduced by the appellant-petitioners to
establish that the procedure adopted while making appointment
requisite procedure was followed.
On asking, learned counsel for the applicant states that no
advertisement, as a matter of fact was issued by the respondent,
though, some news item appeared on local newspaper and on
acting upon the same, the appointments were accorded.
On the other hand, learned counsel appearing on behalf of
respondents submits that no procedure was adopted before giving
appointment to the appellant-petitioners and they were employed
purely on contractual basis as stop gape arrangement being
relatives of certain existing employees.
An additional affidavit sworn-in by one Shri Pramod Kumar
Verma, an officer In-charge of the case too has been placed on
record in support of the fact stated.
In view of the fact stated in the additional affidavit sworn-in
by Shri Pramod Kumar Verma, we are having no doubt that the
appointments of the appellant-petitioners were erroneous being
made without adhering any procedure, as such, learned Single
Bench rightly dismissed the petition for writ. The appeal too is dismissed being bereft of merit.