THE HON’BLE SRI JUSTICE G.CHANDRAIAH W.P.NO.1312 OF 2002 O R D E R Aggrieved by the orders of termination dated 23.10.2001, the petitioners, who are working in the respondent – Bank on contract basis, filed the present writ petition. 2. The case of the petitioners as stated in the writ affidavit is that they were all appointed as Clerks, Bill collectors, Record Assistants and Cycle Watchmen/Attenders in the respondent – Cooperative Bank, in the year 1999 on contract basis and their appointments were given for six months and it was extended by giving artificial gaps. By the impugned order, their services were terminated. Their further case is that vacancies are existing in the Bank and they are fully qualified and they worked for more than three years and hence without considering their case for regular appointment, passing of the impugned order of termination dated 23.10.2001, is in violation of the principles of natural justice and hence sought to set aside the termination order and direct the respondents to continue the petitioners. 3. This court while admitting the writ petition on 30.1.2002 granted interim direction to the respondents to consider the cases of the petitioners for the posts of clerks, record assistants, attenders, watchmen etc., if there are vacancies and if their services are required, pending further orders. 4. For vacating the above interim order dated 30.1.2002, WVMP.No.3517/2004 is filed and by order dated 10.2.2006 the vacate petition was dismissed, as case of the petitioners was considered. 5. The respondents filed counter affidavits and the tenor of which is that the petitioners were appointed purely on contract basis for a period of about seven and half months as the regular staff were undergoing JDC training and that in their appointments it is clearly mentioned that their services were liable to be terminated without issuing any notice and now the regular employees have joined and further, though there are regular vacancies, for filling up the said posts, recruitment procedure has to be followed. Pursuant to the interim orders, the petitioners were given appointments subject to the result of the writ petition and the said appointments were in violation of the recruitment procedure and permission of the competent authority and further the respondent – Bank is in a critical position and not able to pay salaries and continue the petitioners. With these averments, the writ petition was sought to be dismissed. 6. The terms and conditions under which the petitioners were appointed is as under: a) The appointments are purely temporary on a contract basis with a specific period of seven and half months and the service thereafter shall be terminated without notice. b) The period of appointments as mentioned above is also subject to approval of staffing pattern by the Registrar of Co-op Societies, Andhra Pradesh, Hyderabad to whom the proposals of Additional staff is recommended or the return of the employees deputed for training whichever ever is less. c) The terminations of service within 7 12 months shall be in a phased manner whomever not exceeding the contract period. d) The contract is not renewable for any reasons. 7. From the above it is clear that the petitioners were appointed purely on contract basis and as per the averments made in the counter, as the regular staff underwent for training, they were appointed. Further, as per the averments made in the counter affidavit, pursuant to the interim orders, they were regularized without following the recruitment procedure and without sanction of the posts and permission of the competent authority. It is well settled that any appointment in violation of the recruitment procedure, is illegal and liable to be set aside. As the petitioners were appointed purely on temporary basis and further regularized in violation of the recruitment procedure, their appointment are liable to be set aside. 8. Accordingly for the foregoing reasons, I do not find any merit in the writ petition and the same is liable to be dismissed and accordingly dismissed. No costs. AVS ----------------------------------- 23—11—2010