JUDGMENT : 1. Heard the learned Counsel for the parties. Perused the writ pleadings and the documents therewith and also the present letters patent appeal. 2. A short judgment of the learned Single Bench in the writ petition has engaged the Division Bench in a letters patent appeal for long to face the final curtain on the matter in issue. 3. The respondents No. 1 to 12 joined together to be the writ petitioners to file a writ petition No. SWP 1429/2009 on 09/10/2009 before the writ court against the appellants No. 1 to 5 herein who figured as the respondents No. 2 to 6 in the said writ petition. The pro forma respondent Union of India, UOI herein, figured as the respondent No. 1 in the writ petition. 4. The appellant No. 1 is Indira Gandhi National Open University (‘IGNOU’ in short), the appellant No. 2 is the Registrar Administration IGNOU, the appellant No. 3 is the Director, Regional Services Division IGNOU, the appellant No. 4 is the Regional Director, Regional Centre Srinagar IGNOU and appellant No. 5 is the Selection Committee Regional Centre Srinagar IGNOU. 5. For the facility of convenience, we would refer the parties herein, i.e., the appellants and the respondents by their reference as figured in the writ petition i.e., the writ petitioners and the writ respondents. 6. 5. For the facility of convenience, we would refer the parties herein, i.e., the appellants and the respondents by their reference as figured in the writ petition i.e., the writ petitioners and the writ respondents. 6. In the writ petition, the writ petitioners came forward asking for the following reliefs: “i) Writ, in the nature of Mandamus or any other appropriate Writ declaring the Appointment of Petitioners against the Group ‘C’ and Group ‘D’ posts currently held by the Petitioners at the Regional Centre Srinagar of the Respondent No.2 here at Srinagar, made in culmination of Regular Selection in pursuance and in furtherance to duly published Advertisement Notice dated 7.12.2007, as regular and substantive Appointments, the expression, “Contractual’ occurring in the respective Appointments Orders notwithstanding, entitled in law by reason and by virtue of the mandate of the Constitutional guarantees enshrined in the Articles 14, 16 and 311(2) of the Constitution of India corresponding to Section 126(2) of the Constitution of Jammu and Kashmir, to hold the posts with all the service benefits including the Salary, Allowances, Promotional Prospects as well as the Tenure of Service being enjoyed by the Regular Appointees to Group ‘C’ and Group ‘D’ posts under the Recruitment Rules governing the Service, be issued in favour of the Petitioners and against the Respondents; ii) Writ in the nature of Mandamus or any other appropriate Writ declaring the impugned action of the Respondent No.5 in the form of impugned Advertisement Notice published in the Delhi Srinagar Times dated 24.9.2009 inviting quotations from registered/ approved manpower supplying agencies for supply of manpower to man through the agency of Contract Labour the posts/positions held by the Petitioners on Appointment through regular Selection Process, totally arbitrary and deliberately malicious device calculated to circumventing constitutionally guaranteed vested right of the Petitioners to the Group ‘C’ and Group ‘D’ posts held by the Petitioners at the Regional Centre Srinagar on a regular Selection Process and as such non-est in law by reason of being violative of constitutional guarantee supra, be also issued in favour of Petitioners and against the Respondents. iii) Writ in the nature of Certiorari or any other appropriate Writ to quash the impugned Notice published by the Respondent No. 5 in Daily Srinagar Times on 24.9.2009, inviting quotations from registered/approved manpower supplying agencies for supply of manpower to man, through the agency of Contract Labour, the posts/ positions including Group ‘C’ and Group ‘D’ posts held by the Petitioners on appointment through the regular Selection Process, be also issued in favour of Petitioners and against the Respondents. iv) Writ in the nature of Mandamus or any other appropriate Writ commanding the Respondents in particular Respondents 2 to 5 to treat Advertisement Notice got published by Respondent No. 5 in Daily Srinagar Times dated 24.9.2009,inviting quotations from registered/approved manpower supplying agencies for supply of manpower to man, through the agency of Contract Labour, the posts/ positions including Group ‘C’ and Group ‘D’ posts held by the Petitioners on Appointment through regular Selection Process, as non-est in law and to desist, refrain and forebear from proceeding in furtherance of the said impugned Public Notice in any manner prejudicial to constitutionally guaranteed vested right of the Petitioners to the Group ‘C’ and Group ‘D’ posts held by the Petitioners on Appointment through regular Selection Process, be also issued in favour of Petitioners and against the Respondents. v) Writ in the nature of Mandamus or any other appropriate Writ commanding Respondents in particular Respondents 2 to 5 to treat the Petitioners as the Regular Employees of the Respondent No. 2 at the Regional Centre Srinagar and to admit the Petitioners to all the Service Benefits as are being granted to enjoyed by the employees in the regular employment of Respondent No. 2 holding on regular and substantive basis Group ‘C’ and Group ‘D’ posts borne on the cadre of the service, including the benefit of Salary at the rate of Scale of Pay attached to the Group ‘C’ and Group ‘D’ posts and also appropriate rightful place in order of Seniority in the Group ‘C’ and Group ‘D’ Cadre of service, be also issued in favour of Petitioners and against respondents; vi) Any other Writ, Order or Direction which this Hon’ble Court deems just and proper to issue in the attendance facts and circumstances of the case be also issued in favour of the petitioners and against the Respondents." 7. The writ court, vide its judgment dated March 14, 2016, came up with a three-page judgment bearing the directions as under: - “It is declared that the petitioners shall be deemed to have been appointed on regular basis on the posts they stand appointed on contractual basis. The petitioners shall be given all service benefits including salary by treating them to have been appointed on regular basis. Petitioners shall be entitled to all service from the date of their appointment in pursuance the selection process undertaken by the respondents.” 8. Aggrieved of this judgment, the writ-respondents No. 2 to 6 are in the present letters patent appeal which came to be filed on 16/05/2016 and is bearing its adjudication through the present judgment. 9. Before undertaking the examination of the impugned judgment of the writ court, we need to draw in perspective as to the manner in which the writ petitioners came to be engaged and continued to be re-engaged in the establishment of the IGNOU Regional Centre Srinagar of the writ respondent No.2-IGNOU. In this regard, petitioner-wise reference is as under: a) Writ Petitioner No. 1-Bashir Ahmad Sofi In terms of a Circular No. RSD/RC/Gen/Staff/98-4584 dated 15/06/1999 issued by the writ respondent No. 3-Director (RS) IGNOU, the writ respondent no. 5-the Regional Director, Regional Centre Srinagar , vide an order no. FRC-Sgr/Appt./DW/99-2000 dated 03/02/2000,had engaged the writ petitioner No. 1 Bashir Ahmad Sofi as JAT purely on contractual/daily wage basis for 30 days from 27/12/1999 on consolidated salary/daily wage basis at the rate of Rs.1 39 per day. In terms of a Circular No.FNA/Misc/1773 dated 28/01/2000 received from the Deputy Registrar (Adm), the writ respondent No. 5- Regional Director, Regional Centre Srinagar, IGNOU vide an Office Order No. F-3(RC-Sgr) Appt.DW/99-2000 dated 13/08/2000 ordered the writ petitioner No. 1-Bashir Ahmed’s engagement on daily wage basis for a period of 80 working days from 22/08/2000. The writ respondent No. 5-Regional Director, Regional Centre Srinagar IGNOU, vide an order No. F-3(RC-Sgr) Appt/DW/99-2004 dated 27/12/2004 with respect to the writ petitioner No. 1 – Bashir Ahmed Sofi directed his engagement as JAT for a period of 80 days with effect from 28/12/2004. This engagement was made in terms of Circular No. FNA/Misc/1773 dated 28/01/2000. The writ respondent No. 5-Regional Director, Regional Centre Srinagar IGNOU, vide an order No. F-3(RC-Sgr) Appt/DW/99-2004 dated 27/12/2004 with respect to the writ petitioner No. 1 – Bashir Ahmed Sofi directed his engagement as JAT for a period of 80 days with effect from 28/12/2004. This engagement was made in terms of Circular No. FNA/Misc/1773 dated 28/01/2000. The writ respondent No. 5-Regional Director, Regional Centre Srinagar IGNOU, vide an Order No.F-3(RC-Sgr) Appt/DW/99-2005/3692 dated 31/05/2005 with respect to the writ petitioner No. 1–Bashir Ahmed Sofi directed his engagement as JAT on daily wage basis with effect from 02/05/2005 as per Circular No. FNA/Misc/1773 dated 28/01/2000. Vide letter No. F.No.254/IGNOU-sgr/IG/RC/2007/8804 dated 18/12/2007, the writ respondent No. 5-Regional Director IGNOU, Regional Centre Srinagar apprised the writ petitioner No. 1 about his engagement as Junior Consultant (Full Time) for IGNOU Regional Centre Srinagar for a period of six months on the consolidated honorarium of Rs. 8000/-. The writ petitioner No.1 was apprised that his engagement was purely temporary bearing no claim for a regular appointment in the IGNOU. Vide an Extension Letter No. F.No.254/IGNOU-Sgr/IG/RC/2008 dated 18/06/2008, the respondent No. 5- Regional Director Regional Centre Srinagar ordered the engagement of the writ petitioner No.1- Basheer Ahmed Sofi as Junior Consultant on contractual basis at IGNOU Regional Centre Srinagar on extension basis under original terms and conditions for a period of six months with effect from 19/06/2008 or till the post against which the writ petitioner No. 1-Basheer Ahmed Sofi was working got filled up on permanent basis which ever was to be earlier. b) Writ Petitioner No. 2- Ashfaq Bashir Massodi Vide an order No. RC-Sgr/JAT/Apptt./99 dated 20/01/1999 the writ respondent No. 5-Regional Director, Regional Centre Srinagar had effected the engagement of the writ petitioner No.2- Ashfaq Basheer Massodi as JAT on contract basis for six months with effect from 20/01/1999 issued with approval of the competent authority vide RSD/RC/30/Misc/99/5311 dated 13/07/1999. Vide an Office Order No. F()RC-Sgr/JAT/Appt/2000/1717 to 1719 dated 30/03/2000, the writ respondent No. 5-Regional Director, Regional Centre Srinagar with respect to the writ petitioner No.2–Ashfaq Basheer Masoodi had ordered his engagement as JAT for a period of six months with effect from 21/07/1999 with the approval of the competent authority conveyed by the Deputy Director RSD’s letter no. RSD/RC/30/Misc/99 dated 29/02/2000. RSD/RC/30/Misc/99 dated 29/02/2000. Vide an office order No. F-3(RC-Sgr) Appt/DW/2001-2002 dated 20/05/2000, the writ respondent No. 5-Regional Director, Regional Centre Srinagarwith respect to the writ petitioner No. 2-Ashfaq Basheer Masoodi had directed his engagement as JAT for a period of 80 days with effect from 20/05/2002 in terms of Circular No. FNA/Misc/1773 dated 28/01/2000 from the Dy. Registrar (Adm). Office Order No.F-3(RC-Sgr)Appt/DW/99-2007 dated 09/08//2007, the writ respondent No. 5-Regional Director, Regional Centre Srinagar had ordered the writ petitioner No.2-Ashfaq Basheer Massodi’s re-engagement after his termination with effect from 31/01/2007, as P.A.-II with effect from 03/08/2007 for a period of three months. This engagement was made in terms of Circular dated 2/08/1999 from the Registrar Adm. Vide a letter No. F.No.254/IGNOU-sgr/IG/RC/2007/8803 dated 18/12/2007, the writ respondent No. 5-Regional Director, Regional Centre Srinagar apprised the writ petitioner No. 2-Ashfaq Basheer Massodi about his engagement as a Middle Level Consultant (Full Time) for IGNOU Regional Centre Srinagar for a period of six months on the consolidated honorarium of Rs. 10,000/- . The writ petitioner No.2-Ashfaq Basheer Massodi was apprised that his engagement was purely temporary bearing no claim for a regular appointment in the IGNOU. Vide an Extension letter F.No. 254/IGNOU-Sgr/IG/RC/2008 dated 18/06/2008 the writ respondent No. 5-Regional Director, Regional Centre Srinagar with respect to the writ petitioner No. 2- Ashfaq Ahmad Masoodi ordered his engagement as middle level consultant on contractual basis for a period of six months with effect from 19/06/2008 till the post against which he is working is filled up on permanent basis whichever is earlier. c) Writ petitioner 3- Gurmeet Singh Vide an Office order No. F-3(RC-Sgr)Appt/DW/1999 dated 05/10/1999 issued by the respondent No. 5-Regional Director, Regional Centre Srinagar, the Petitioner No. 3 – Gurmeet Singh’s engagement as a driver on daily wage basis for 80 days with effect from 01/10/1999 in terms of Circular No. RSD/RC/Gen/Staff/98-4584 dated 15/06/1999 issued by the Director RSD, IGNOU, was effected. Vide an Office order No. F-3(RC-Sgr)Appt/DW/99-2004 dated 10/12/2004, the writ respondent No. 5-Regional Director, Regional Centre Srinagar with respect to writ petitioner No. 3–Gurmeet Singh engaged him as Driver on daily wage basis for 80 days with effect from 09/12/2004 in terms of circular No. FNA/Misc/1773 dated 28/01/2000. Vide an Office order No. F-3(RC-Sgr)Appt/DW/99-2004 dated 10/12/2004, the writ respondent No. 5-Regional Director, Regional Centre Srinagar with respect to writ petitioner No. 3–Gurmeet Singh engaged him as Driver on daily wage basis for 80 days with effect from 09/12/2004 in terms of circular No. FNA/Misc/1773 dated 28/01/2000. Vide an Office order No. F-3(RC-Sgr) Appt/DW/99-2005 dated 01/04/2005, the writ respondent No. 5-Regional Director, Regional Centre Srinagar with respect to the writ petitioner No. 3- Gurmeet Singh engaged him as driver for 80 days with effect from 11/03/2005 in terms of circular No. FNA/Misc/1773 dated 28/01/2000. Vide an Office order No. F-3(RC-Sgr)Appt/DW/99-2006 dated 31/072006,the writ respondent No. 5-Regional Director, Regional Centre Srinagar with respect to the writ petitioner No. 3-Gurmeet Singh engaged him as Driver for 80 days with effect from 07/07/2006 in terms of Circular No. FNA/Misc/1773 dated 28/01/2000 from Dy. Registrar Adm. Vide an Office order No. F-3(RC-Sgr)Appt/DW/99-2007 of August 2007,the writ respondent No. 5-Regional Director, Regional Centre Srinagar with respect to the writ petitioner No.3- Gurmeet Singh directed his engagement as Driver for 80 days with effect from 01/08/2007 in terms of Circular No.FNA/Misc/1773 dated28/01/2000 of Dy. Registrar Adm. Vide a letter No. F.No.254/IGNOU-sgr/IG/RC/2007/8813 dated 18/12/2007, the writ respondent No. 5-Regional Director, Regional Centre Srinagar apprised the writ petitioner No. 3-Gurmeet Singh about his engagement as Orderly Services for IGNOU Regional Centre Srinagar for a period of six months on the consolidated honorarium of Rs. 8000/-. The writ petitioner No.3 was apprised that his engagement was purely temporary bearing no claim for a regular appointment in the IGNOU. d) Writ Petitioner 5-Nusrat Hussain Khan Vide an Office order No. F-3(RC-Sgr) Appt/DW/99-2004 dated 19/12/2004 the writ respondent No. 5-Regional Director, Regional Centre Srinagar with respect to the writ petitioner No. 5 -Nusrat Hussain Khan as JAT for 80 days with effect from 20/12/2004 in terms of circular No.FNA/Misc/1773 dated 28/01/2000 issued by the Dy. Registrar (Adm). Vide an Office order No. F-3(RC-Sgr) Appt/DW/99-2005 dated 06/06/2006 the writ respondent No. 5-Regional Director, Regional Centre Srinagar with respect to the writ petitioner No.5- Nusrat Khan had ordered her engagement JAT on daily wage basis for 30 days with effect from 01/06/2006 in terms of Circular FNA/Misc/1773 dated 28/01/2000 of Dy. Registrar Adm. Registrar (Adm). Vide an Office order No. F-3(RC-Sgr) Appt/DW/99-2005 dated 06/06/2006 the writ respondent No. 5-Regional Director, Regional Centre Srinagar with respect to the writ petitioner No.5- Nusrat Khan had ordered her engagement JAT on daily wage basis for 30 days with effect from 01/06/2006 in terms of Circular FNA/Misc/1773 dated 28/01/2000 of Dy. Registrar Adm. Vide an Office order No. F-3(RC-Sgr) Appt/DW/99-2006 dated 31/07/2006,the writ respondent No. 5-Regional Director, Regional Centre Srinagar with respect to the writ petitioner No. 5- Nusrat Hussain Khan had ordered her engagement as JAT for a period of 80 days with effect from 19/07/2006 in terms of Circular FNA/Misc/1773 dated 28/01/2000 of Dy. Registrar (Adm). Vide letter No. F.No.254/IGNOU-sgr/IG/RC/2007/8805 dated 18/12/2007, the writ respondent No. 5-Regional Director, Regional Centre Srinagar apprised the writ petitioner No. 5-Nusrat Hussain Khan about her engagement as Junior Consultant (Full Time) for IGNOU Regional Centre Srinagar for a period of six months on the consolidated honorarium of Rs. 8000/-. The writ petitioner No.5 was apprised that her engagement was purely temporary bearing no claim for a regular appointment in the IGNOU. In terms of Extension letter F.No.254/IGNOU-Sgr/IG/RC/2008 dated 18/06/2008 by the writ respondent No. 5-Regional Director, Regional Centre Srinagar with respect to the writ petitioner No. 5- Nusrat Hasan Khan, her engagement as Junior Consultant on contractual basis at IGNOU Regional Centre Srinagar was extended on original terms and condition for six months with effect from 19/06/2008 till the post against which she was working got filled up on permanent basis whichever is earlier. e) Writ Petitioner 6-Showkat Ahmad Mir. In terms of an order No. FRC-Sgr/Appt/DW/2000 dated 31/05/2004 issued by the writ respondent No. 5-Regional Director, Regional Centre Srinagar, the writ petitioner No. 6-Showkat Ahmad Mir came to be engaged as an Attendant TLC purely on daily wage basis for the period of 80 working days with effect from 11/05/2004 on daily wage charges of Rs.132 per day. This engagement was made in terms of letter No. F.NA/MISC/1773 dated 28/01/2000 received from the Deputy Registrar (Adm). Vide letter No. F.No.254/IGNOU-sgr/IG/RC/2007/8808 dated 18/12/2007, the writ respondent No. 5-Regional Director, Regional Centre Srinagar apprised the writ petitioner No. 6-Showkat Ahmad Mir about his contractual engagement as Ministerial Services for IGNOU Regional Centre Srinagar for a period of six months. This engagement was made in terms of letter No. F.NA/MISC/1773 dated 28/01/2000 received from the Deputy Registrar (Adm). Vide letter No. F.No.254/IGNOU-sgr/IG/RC/2007/8808 dated 18/12/2007, the writ respondent No. 5-Regional Director, Regional Centre Srinagar apprised the writ petitioner No. 6-Showkat Ahmad Mir about his contractual engagement as Ministerial Services for IGNOU Regional Centre Srinagar for a period of six months. The writ petitioner No.6-Showkat Ahmad Mir was apprised that his engagement was purely temporary bearing no claim for a regular appointment in the IGNOU. Vide an extension letter No. F.No. 254/IGNOU-Sgr/IG/RC/2008 dated 18/06/2008 issued by the writ respondent No. 5-Regional Director, Regional Centre Srinagar, the petitioner No.6-Showkat Ahmad Mir’s engagement for providing ministerial services on contractual basis at IGNOU Regional Centre Srinagar was extended under original terms and conditions for a period of six months with effect from 19/06/2008 or till the post was to be filled up on permanent basis whichever was to be earlier. f) Writ-Petitioner 7- Peer Javaid Iqbal. Vide an Order No. FRC-Sgr/App/TLC/2002 dated 12/12/2002 issued by the writ respondent No. 5-Regional Director, Regional Centre Srinagar, the writ petitioner No. 7-Peer Javaid Iqbal was engaged as Machine Room Operator in Tele Learning Center with effect from 04/12/2002 for 80 working days at the rate of Rs.199 per day. Vide an Order No. F-3 RC-Sgr/Appt/DW/99-2007 issued by the writ respondent No. 5-Regional Director, Regional Centre Srinagar, the petitioner No. 7-Peer Javaid Iqbal was engaged as JAT on daily basis for 80 working days with effect from 28/10/2007. This engagement was made in terms of Circular No. FNA/Misc/1773 dated 28-01-2000 received from Deputy Registrar (Adm). Vide letter No. F.No.254/IGNOU-sgr/IG/RC/2007/8806 dated 18/12/2007, the writ respondent No. 5-Regional Director, Regional Centre Srinagar apprised the writ petitioner No. 7-Peer Javaid Iqbal about his engagement as Junior Consultant (Full Time) for IGNOU Regional Centre Srinagar for a period of six months on the consolidated honorarium of Rs. 8000/-. The writ petitioner No.7-Peer Javaid Iqbal was apprised that his engagement was purely temporary bearing no claim for a regular appointment in the IGNOU. Vide an extension letter No. 254/IGNOU-Sgr/IG/RC/2008 dated 18/06/2008, the writ respondent No. 5-Regional Director, Regional Centre Srinagar directed the writ petitioner No.7-Peer Javaid Iqbal’s engagement extended for a period of six months with effect from 19/06/2008 or till the post against which he is working was to be filled up on permanent basis whichever was to be earlier. Vide an extension letter No. 254/IGNOU-Sgr/IG/RC/2008 dated 18/06/2008, the writ respondent No. 5-Regional Director, Regional Centre Srinagar directed the writ petitioner No.7-Peer Javaid Iqbal’s engagement extended for a period of six months with effect from 19/06/2008 or till the post against which he is working was to be filled up on permanent basis whichever was to be earlier. g) Writ Petitioner 8- Gul Nawaz Vide an Order No. FRC-Sgt/Appt/DW/2005 dated 10/08/2005 the writ respondent No. 5-Regional Director, Regional Centre Srinagar, announced that the writ petitioner No. 8-Gul Nawaz was engaged as an attendant on contract basis for a period of two months with effect from 01/08/2005 on monthly consolidated salary of Rs.2000. This engagement was said to be made in terms of circular No. RSD/RC/Gen/Staff/98/4984 dated 15/06/1999. Vide an Order No. RC-Sgr/Appt/TLC/2006 dated 01/10/2006 issued by the writ respondent No. 5-Regional Director, Regional Centre Srinagar, the writ petitioner No. 8-Gul Nawaz was engaged as Machine Room Attendant MRA in Tele Learning Centre with effect from 01/10/2006 for a period of two months as per guidelines received vide letter No. IG/RSD/TLC-RCL/3550 dated 22/06/2005 from Director RSD, IGNOU, New Delhi. Vide an Order No. (RC-Sgr) Appt/TLC/2008 dated 05/04/2008 issued by the writ respondent No. 5-Regional Director, Regional Centre Srinagar, the writ petitioner No. 8-Gul Nawaz’s engagement was extended for another period of six months with effect from 05/04/2008 in accordance with the guidelines received vide Letter No. IG/RSD/TLC-RCL/3550 dated 22/06/2005 from the Director RSD, IGNOU New Delhi. h) Writ-Petitioner 9-Sumira Jan Vide an Office Order No. F-3(RC-Sgr) Appt/DW/99-2005 dated 05/10/2005 by the writ respondent No. 5-Regional Director, Regional Centre Srinagar, the writ petitioner No. 9-Sumira Jan was engaged as JAT w.e.f 03/10/2005 for 80 days on daily wage basis in furtherance to Circular FNA/Misc/1773 dated 28/01/2000 of the Dy. Registrar (Adm). Vide an Office Order No. F-3(RC-Sgr) Appt/DW/99-2006 dated 04/08/2006 by the writ respondent No. 5-Regional Director, Regional Centre Srinagar, the writ petitioner No. 9-Sumira Jan was engaged as JAT w.e.f 24/05/2006 for 30 days on daily wage basis in furtherance to Circular FNA/Misc/1773 dated 28/01/2000 of the Dy. Registrar (Adm). Vide an Office Order No. F-3(RC-Sgr) Appt/DW/99-2006 dated 08/07/2006 by the writ respondent No. 5-Regional Director, Regional Centre Srinagar, the writ petitioner No. 9-Sumira Jan was engaged as JAT w.e.f 08/07/2006 for 80 days on daily wage basis in furtherance to Circular FNA/Misc/1773 dated 28/01/2000 of the Dy. Registrar (Adm). Registrar (Adm). Vide an Office Order No. F-3(RC-Sgr) Appt/DW/99-2006 dated 08/07/2006 by the writ respondent No. 5-Regional Director, Regional Centre Srinagar, the writ petitioner No. 9-Sumira Jan was engaged as JAT w.e.f 08/07/2006 for 80 days on daily wage basis in furtherance to Circular FNA/Misc/1773 dated 28/01/2000 of the Dy. Registrar (Adm). Vide an Office Order No. F-3(RC-Sgr) Appt/DW/99-2006 dated 30/11/2006 by the writ respondent No. 5-Regional Director, Regional Centre Srinagar, the writ petitioner No. 9-Sumira Jan was engaged as JAT w.e.f 07/11/2006 for 80 days on daily wage basis in furtherance to Circular FNA/Misc/1773 dated 28/01/2000 of the Dy. Registrar (Adm). Vide an Office Order No. F-3(RC-Sgr) Appt/DW/99-2007 dated 01/10/2007 by the writ respondent No. 5-Regional Director, Regional Centre Srinagar, the writ petitioner No. 9-Sumira Jan was engaged as JAT w.e.f 02/10/2007 for 80 days on daily wage basis in furtherance to Circular FNA/Misc/1773 dated 28/01/2000 of the Dy. Registrar (Adm). Vide letter No. F.No.254/IGNOU-sgr/IG/RC/2007/8808 dated 18/12/2007, the writ respondent No. 5-Regional Director, Regional Centre Srinagar apprised the writ petitioner No. 9-Sumira Jan about her engagement as Junior Consultant (Full Time) for IGNOU Regional Centre Srinagar for a period of six months on the consolidated honorarium of Rs. 7000/-. The writ petitioner No.9-Sumira Jan was apprised that her engagement was purely temporary bearing no claim for a regular appointment in the IGNOU. i) Writ-Petitioner 10-Reyaz Ahmad Ganie Vide Office Order No. FRC-Sgr/Appt/DW/2006 dated 27/09/2006, the writ respondent No.5-Regional Director, Regional Centre Srinagar ordered engagement of the writ petitioner No. 10-Reyaz Ahmad Ganie as an Attendant w.e.f 01/10/2006 for 60 days on consolidated salary. This engagement was in furtherance to Circular RSD/RC/Gen/Staff/98/4984 dated 15/06/1999. Vide Office Order N. F-3(RC-Sgr)/Appt/DW/99-2006 dated 31/07/2006, the writ respondent No.5-Regional Director, Regional Centre Srinagar ordered the engagement of the writ petitioner No. 10-Reyaz Ahmad Ganie as an Attendant w.e.f 10/07/2006 for 80 days on daily wage basis. This was in furtherance to Circular FNA/Misc/1773 dated 28//01/2000 of the Dy. Registrar (Adm). Vide Office Order No. F-RC-Sgr/Appt/DW/99-2007 dated nil., the writ respondent No.5-Regional Director, Regional Centre Srinagar ordered engagement of the writ petitioner No. 10- Reyaz Ahmad as an Attendant for 80 days w.e.f 07/08/2007. This was by reference to Circular FNA/Misc/1773 dated 28/01/2000 of the Dy. Registrar (Adm). Registrar (Adm). Vide Office Order No. F-RC-Sgr/Appt/DW/99-2007 dated nil., the writ respondent No.5-Regional Director, Regional Centre Srinagar ordered engagement of the writ petitioner No. 10- Reyaz Ahmad as an Attendant for 80 days w.e.f 07/08/2007. This was by reference to Circular FNA/Misc/1773 dated 28/01/2000 of the Dy. Registrar (Adm). Vide Engagement Letter F.No. 254/IGNOU-sgr/IG/RC/2007 dated 18/12/2007, the writ respondent No.5-Regional Director, Regional Centre Srinagar had engaged the writ petitioner No. 10- Reyaz Ahmad Ganie as Orderly Service for 6 months. Vide Extension letter No. F.No.254/IGNOU-sgr/IG/RC/2008 dated 18/06/2008, the writ respondent No. 5-Regional Director IGNOU Regional Centre Srinagar apprised the writ petitioner No. 10-Reyaz Ahmad Ganie about his engagement as Orderly Services for IGNOU Regional Centre Srinagar for a period of six months. The writ petitioner No.10 was apprised that his engagement was purely temporary bearing no claim for a regular appointment in the IGNOU. j) Writ-Petitioner 11- Farhat Nazir Vide an Engagement Letter F.No. 254/IGNOU-sgr/IG/RC/2007/8812 dated 18/12/2007 by the writ respondent No.5-Regional Director, Regional Centre Srinagar, the petitioner No. 11-Farhat Nazir was engaged for Ministerial Service on contractual basis for 6 months. Vide letter No. F.No.254/IGNOU-sgr/IG/RC/2007 dated 03/02/2007, the writ respondent No. 5-Regional Director IGNOU Regional Centre Srinagar apprised the writ petitioner No. 11-Farhat Nazir about her contractual engagement for Ministerial Services for IGNOU Regional Centre Srinagar for a period of six months. The writ petitioner No.11 was apprised that her engagement was purely temporary bearing no claim for a regular appointment in the IGNOU. k) Writ-Petitioner 12-Ghulam Hassan Ganai. Vide an Office Order No. FRC-Sgr/Appt/DW/2005 dated 03/02/2007 by the writ respondent No.5-Regional Director, Regional Centre Srinagar ordering the engagement of the writ petitioner No. 12-Ghulam Hassan Ganie as JAT for 2 months w.e.f 01/12/2006 in furtherance of Circular RSD/RC/Gen/Staff/98/4984 dated 15/06/1999. Vide Order F.No. 254/IGNOU-Sgr/IG/RC/2007/8807 dated 18/12/2007 by the writ respondent No.5-Regional Director, Regional Centre Srinagar with respect to the engagement of the writ petitioner No. 12- Ghulam Hassan Ganie as Sub Junior Consultant (Full Time) for 6 months on consolidated salary. Vide letter No. F.No.254/IGNOU-sgr/IG/RC/2008 dated 18/06/2008, the writ respondent No. 5-Regional Director IGNOU Regional Centre Srinagar apprised the writ petitioner No. 12 about his engagement as Sub Junior Consultant (Full Time) for IGNOU Regional Centre Srinagar for a period of six months on the consolidated honorarium of Rs. 7000/-. Vide letter No. F.No.254/IGNOU-sgr/IG/RC/2008 dated 18/06/2008, the writ respondent No. 5-Regional Director IGNOU Regional Centre Srinagar apprised the writ petitioner No. 12 about his engagement as Sub Junior Consultant (Full Time) for IGNOU Regional Centre Srinagar for a period of six months on the consolidated honorarium of Rs. 7000/-. The writ petitioner No.12 was apprised that his engagement was purely temporary bearing no claim for a regular appointment in the IGNOU. 10. Before proceeding with further factual references, we need to spare an observation of relevance here drawing from afore-stated factual details that neither from the petitioners’ writ petition nor from the respondents’ reply and not even from the writ court’s judgment, we could discern a factual finding as to whether the respective engagement of the petitioners had remained on continuous note or was with intermittent breaks. Be that as it may, the fact remains that only few of the petitioners, out of the entire lot, can claim to have to their credit a longish spell of 7-8 years’ engagement, intermittent or continuous, before the accrual of purported cause of action leading to the filing of the writ petition on 09/10/2009. The petitioners with comparatively longish engagement span could be said and/or heard to have an expectation of getting absorbed into permanent status pursuant to any regularization policy in place with the respondent No. 2-IGNOU but the petitioners with shorter engagement span cannot be heard to say that they sail in the same boat as the petitioners with longer engagement span of engagement. 11. Now, we also need to refer ourselves to the state of facts at the end of the writ respondents No. 2 to 5 in the context of which the engagements of the writ petitioners came to take place and shape so as to enable us to understand as to whether the writ respondents 2 to 5 actually meant and ought to have employed the writ petitioners on regular permanent basis and not on contractual basis. In this regard, the chronology is as under: - a) 11/07/2005: –The recommendations of the Establishment Committee in its 42nd meeting relating to the local/regional recruitment to vacant positions/posts under Group B, C and D categories at the Regional Centres in the North-East, Sikkim, Jammu and Kashmir. Pursuant to the said decision, steps were initiated in the matter and necessary guidelines were issued to the concerned Regional Directors. Pursuant to the said decision, steps were initiated in the matter and necessary guidelines were issued to the concerned Regional Directors. Following this further, the Regional Directors had issued advertisement in the local press. What are those guidelines issued as referred herein were never brought on record of the writ petition by the writ respondents 2 to 5 for the facility of the writ court to appreciate as to how the recruitment was supposed to have been carried out in the said three regions. We are also at loss to make any idea and inference as to the nature and scope of said guidelines. b) 26/02/2007: -IGNOU’s Board of Management’s 89th meeting for considering the matter related to recruitment of staff for Group B, C and D posts in the Regional Centres at Northeast region, Sikkim and Jammu and Kashmir. IGNOU’s Board of Management considered and approved the proposal which reads as under: - “BM 89.5.1 The item was taken up for consideration. The Secretary informed the Board that at its 83rd meeting, the Board approved the recommendations of the Establishment Committee made at its 42nd Meeting held on 11/07/2005 relating to the local/regional recruitment to the vacant positions under group B, C and D categories at the Regional Centres in the North-East, Sikkim, Jammu and Kashmir. Pursuant to the above decision, further steps were initiated in the matter and necessary guidelines were issued to the concerned Regional Directors. This was followed up further and the Regional Directors issued advertisements in the local Press. The Regional Centres have been engaging persons on daily wage basis on contract for some years to manage the day-to-day activities at Regional Centres. In response to the advertisement issued by the Regional Centre, Jammu, the staff working as Regional Centre on contract/daily wage basis sent their representation on 15–01–2007 to the Vice-Chancellor stating that they have been working in the Regional Centre for last 5 to 8 years in that capacity and have requested for their regularisation which as per the Recruitment Rules is not permissible. Similar positions also prevail in the Regional Centres in North-East Region, Sikkim and Kashmir. Similar positions also prevail in the Regional Centres in North-East Region, Sikkim and Kashmir. Keeping the above situation in view and the fact that the staff of these Regional Centres have served the University for long periods and have gained experience, it was proposed that the contractual staff working at these Regional Centres, who fulfill the eligibility criteria, may be given the opportunity to apply and compete along with site candidates providing them age relaxation to the extent of their services at these Regional Centres provided that each spell of such service is more than six months. BM 89.5.2 The Board considered and approved the proposal.” Whether the aforementioned Regional Centres of IGNOU came to act in accordance with the aforementioned recommendations or not is not at all gatherable from the writ record as well as from the writ court judgment. We are handicapped to figure out whether the Regional Centres were meant and obliged to carry out recruitment for Group B,C & D posts on regular basis by affording an opportunity of participation to the contractually engaged employees by age relaxation and if so then why still the respondent No. 5 Regional Director Regional Centre Srinagar IGNOU acted in deviation of the IGNOU’s Board of Management’s recommendations by carrying on with contractual engagement mode of recruitment of the petitioners is a puzzle known only to the Regional Centre Srinagar and to the IGNOU Management. However a salient fact of the Board of Management’s approval is an acknowledgement of the fact that contractually engaged employees in the Regional Centres mentioned were serving for long time nursing an expectation of regularization. c) 22/04/2007: - Communication No. IG/RSD/RC/BoM/Local Recruitment/07/1208 by the Director IGNOU Regional Services Division (RSD) to the Regional Director/In Charges, IGNOU Centres/Sub Regional Centres, Srinagar on the subject of Recruitment of staff in the Group B, C and D in the Regional Centres at North-East region, Sikkim and Jammu and Kashmir. In this communication, the Director IGNOU Regional Services Division (RSD) has forwarded the Board of Management’s89thMinutes of Meeting held on 26/02/2007. In this communication, the Director IGNOU Regional Services Division (RSD) has forwarded the Board of Management’s89thMinutes of Meeting held on 26/02/2007. d) In the backdrop of the aforesaid IGNOU Board of Management’s decision getting communicated to the writ respondent No.5-Regional Director IGNOU Regional Centre Srinagar, the writ respondent No.5- Regional Director, IGNOU Regional Centre Srinagar came forward with an advertisement notice referring that certain vacant positions are being filled on contractual basis for which last date for applying was 13-12- 2007 and the Interview/Test was to be held at the Centre on 15-12-2007. This advertisement appeared in a local Daily Newspaper on 08/12/2007 in Daily Aftab. It is this course of action on the part of the respondent No. 5-Regional Director, IGNOU Regional Centre Srinagar in putting out an advertisement for contractual engagement of staff for vacant positions which begged a question whether the respondent No. 5- Regional Director, IGNOU Regional Centre Srinagar was acting in deviation to the IGNOU’s Board of Management’s decision for recruitment to positions in Group B,C & D in the Regional Centre Srinagar and if it was in deviation why there was no check and balance in effect from IGNOU’s end to put the respondent No.5-Regional Director, IGNOU Regional Centre Srinagar on check in carrying forward the contractual engagement of the staff as per the advertisement issued and under which the petitioners came to be engaged again and on which basis the petitioners are meaning to claim that their engagement ought to be reckoned as recruitment on substantive basis. It seems to us that there was a disconnect between the respondent No.5-Regional Director, IGNOU Regional Centre Srinagar and IGNOU’s Management about the state of working and functioning of the Regional Centre Srinagar IGNOU. e) This newspaper advertisement dated 07/12/2007 did not mention as to which certain vacant positions were intended to be filled on contractual basis. As per the writ petitioners, this advertisement was contrary to the IGNOU’s Board of Management’s decision dated 26/02/2007. However, this advertisement notice No. IGNOU-Sgr/Contt-App/07/8737-64 dated 01/12/2007 in full is accompanying as annexure to the writ respondents No. 2 to 6’s reply from where it is gatherable that the posts advertised were Senior Consultant, Middle Level Consultant, Consultant, Sub. Jr. Consultant, Junior Assistant cum Typists, Attendant. Vacancies were mentioned to be purely contractual in nature bearing no claim for regular appointment in the IGNOU. Jr. Consultant, Junior Assistant cum Typists, Attendant. Vacancies were mentioned to be purely contractual in nature bearing no claim for regular appointment in the IGNOU. f) Nevertheless, the writ petitioners also applied and appeared in the said interview for which the last date was extended from 13/12/2007 to 14/12/2007. g) In response to the selection process so initiated and conducted by the writ respondent No. 6-Selection Committee being comprised of five (5) members chaired by the writ respondent No. 5-Regional Director Srinagar Regional Centre, based upon the advertisement dated 07/12/2007, the writ petitioners, except the writ petitioners 3,8&10, had applied for Group ‘C’ posts whereas the writ petitioners 3,8&10 had applied for Group ‘D’ posts. h) In terms of the selection process, the writ petitioners 1, 2, 4, 5, 6,7, 9, 11 & 12 were said to have been found suitable for appointment against Group C’’ posts and recommended on the basis of suitability whereas the writ petitioners 3, 8 & 10 were held suitable for appointment against Group ‘D’ posts and accordingly recommended. i) As per the writ petitioners, the Group ‘C’ and Group ‘D’ posts were born on the cadre of the IGNOU’s Srinagar Regional Centre Service notwithstanding the nomenclature in the Select List which was said to be a camouflage/device employed to deny and deprive the status of regular appointment on substantive basis through a regular selection process in terms of the policy decision taken by the IGNOU’s Board of Management on 26/02/2007. j) The writ petitioners have annexed along with their writ petition the recommendations of the writ respondent No.6- Selection Committee purportedly made on the basis of the selection process held on 15/12/2007. The recital in the selection committee recommendations is that the writ respondent No. 6-Selection Committee conducted interview/test of the eligible candidates on 15/12/2007 at 11 A.M who had applied for various contractual positions at IGNOU Regional Centre Srinagar against advertisement No. IGNOU-Sgr/Contt-App/07 dated 07/12/2007. k) In this selection process, sixteen (16) candidates based on their merit and performance in the interview/test was recommended in order of merit for selection against the respective contractual positions. In this list, the writ petitioners figure as under: - Writ-petitioner 1 Bashir Ahmed Sofi is at serial no. 5 engaged as Junior Consultant. Writ-petitioner 2 Ashfaq Basheer Masoodi at serial no.5 engaged as Middle Level Consultant. In this list, the writ petitioners figure as under: - Writ-petitioner 1 Bashir Ahmed Sofi is at serial no. 5 engaged as Junior Consultant. Writ-petitioner 2 Ashfaq Basheer Masoodi at serial no.5 engaged as Middle Level Consultant. Writ petitioner 3 Gurmeet Singh at serial 15 engaged as Orderly Services. Writ-petitioner 4 Nisar Ahmad Dar at serial 12 engaged as Ministerial Service. Writ-petitioner 5 Nusrat Hassan at serial 7 engaged as Junior Consultant. Writ-petitioner 6 Shaukat Ahmad Mir at serial 13 engaged as Ministerial Service. Writ petitioner 7 Peer Javed Iqbal at serial 8 engaged as Junior Consultant. Writ-petitioner 9 Sumira Jan at serial 10 as Junior Consultant. Writ-petitioner 10 Riyaz Ahmed Ganie at serial 16 as Orderly Services. Writ-petitioner 11 Farhat Nazir at serial 14 as Ministerial Service. Writ-petitioner 12 Ghulam Hassan Ganai at serial 9 engaged as Sub Junior Consultant. l) Neither the advertisement notice nor the writ respondent No. 5- Selection Committee’s recommendations spelled out as to what was the tenure of the contractual appointment. m) 22/11/2007: the writ respondent No. 4-Director RSD IGNOU came to address a communication No. IG/RSD/RC-SRC-Positions to all the Regional Directors/Incharges of IGNOU Regional Centres/Sub-Regional Centres speaking about status of staff position at every Regional Centre having been provided by the Regional Administration during Regional Directors’ meeting and about taking steps for filling up the vacant positions. Appointments were meant to be on contractual basis. n) 30/11/2007: the writ respondent No. 4-Director RSD IGNOU came to address a communication No. IG/RSD/RC-SRC-Positions/-7/4143 to all the Regional Directors/Incharges of IGNOU Regional Centres/Sub-Regional Centres speaking about filling up of vacant positions at every Regional Centres/Sub Regional Centres and issuing guidelines. o) 08/12/2008: Writ respondent No. 4- Director RSD, vide his letter No. RSD/RC/WHS/Contr.Staff/08/2471 addressed to all the Regional Directors IGNOU Regional Centres called upon the Regional Centres to identify and empanel the name of agency to supply manpower in order to deal with the situation of requests for renewal of terms of present staff engaged at Regional Centres for one or other purpose. p) 19/12/2008: Writ respondent No. 4- Director RSD , vide his letter No. RSD/RC/WHS/Contr.Staff/08/2585 addressed to all the Regional Directors IGNOU Regional Centres stating that contractual engagements were meant to be on short term measure and need to go for empanelment of manpower supply agencies. p) 19/12/2008: Writ respondent No. 4- Director RSD , vide his letter No. RSD/RC/WHS/Contr.Staff/08/2585 addressed to all the Regional Directors IGNOU Regional Centres stating that contractual engagements were meant to be on short term measure and need to go for empanelment of manpower supply agencies. q) 14/07/2009: - Writ respondent No. 4- Director RSD, vide his letter No. RSD/RC/WHS/Contr.Staff/08/19… addressed to all the Regional Directors IGNOU Regional Centres regarding engagement of contractual/daily wages staff at Regional Centres/Warehouses. Regional Directors were mandated not to entertain requests for renewal of term of contractual staff. r) 21/10/2010: Writ respondent No. 2 IGNOU’s Office Order F.No. 2-173/NA/89/354 approving revision of rates of wages of casual staff, daily wages/contractual appointees. 12. The writ petitioners set up the case in the writ petition saying that the writ respondent No.2-IGNOU for its Regional Centre Srinagar had envisaged and constituted Service comprising of permanent and substantive posts in the sanctioned scale of pay borne on the cadre of the Service classified/categorized as per job requirements as Group 'A' Group ‘B’ & Group 'C' posts, but instead of carrying out employment on regular permanent basis quo the permanent and sanctioned cadre posts in said three groups , the writ-respondents 3 to 5, that is the respondent No. 2's Registrar ( Administration), the Director Regional Services Division and the respondent No.5-Regional Director, Regional Centre Srinagar , indulged in ad-hocism by employing the petitioners on daily wage/contract basis. It is alleged that this machination was pressed into service in order to escape and evade the effects of bestowing permanent and regular employment to the persons. 13. The writ petitioners have pleaded that they came to be engaged on daily wage basis against the permanent substantive posts carrying sanctioned scale of pay in the year 1998. In the writ petition, the writ petitioners set out their alleged respective dates of engagement against the respective posts, the dates whereof are not corroborated by any document on record as against the dates of engagements that have been reproduced herein before by us for the convenience of reference. 14. In the writ petition, the writ petitioners set out their alleged respective dates of engagement against the respective posts, the dates whereof are not corroborated by any document on record as against the dates of engagements that have been reproduced herein before by us for the convenience of reference. 14. The writ petitioners have pleaded that they came to invest lifetime of almost a decade in serving the respondent No. 2's Regional Centre Srinagar, though bearing the status of daily wagers, against the posts sanctioned and providing regular pay scales hoping that their permanent absorption in the service would be just a matter of time to happen least expecting that there would come a purported decision on 26/02/2007 of making recruitment of the staff in the Group "B" "C" and "D" in the Regional Centres at North East Regions that is Sikkim & J&K on contractual basis. 15. In furtherance of the purported decision, an advertisement notice No. IGNOU/SGR-Contt-APP/07 dated 07/12/2007 published in a daily newspaper Daily Aftab in its issue dated 08/12/2007 inviting applications from eligible candidates for appointment against the advertised posts not on regular permanent basis but contractual basis. In response to said advertisement, the writ petitioners, except three ( writ petitioners 3,8 &10), reckoning themselves fully eligible came to apply for their employment against Group 'C' posts so advertised and the three writ petitioners 3,8 &10 had applied for the Group 'D' posts. 16. The writ petitioners were found fit and suitable for employment against the posts advertised and for that the petitioners were called to appear for interview before the respondent No.6 - Selection Committee on 15/12/2007.The outcome of the interview exercise was that the writ- petitioners No. 1/2/4/5/6/7/9/11 were held suitable for engagement against Group 'C' posts and were recommended, on the basis of merit and suitability, for employment. The writ petitioners plead that though the selection was purportedly for Group 'C' posts but actually it was Group 'C' and 'D' posts borne on the cadre of the service. 17. The writ petitioners plead that though the selection was purportedly for Group 'C' posts but actually it was Group 'C' and 'D' posts borne on the cadre of the service. 17. The writ petitioners read an act of machination on the part of the writ respondents No.2 to 5 that the posts' nomenclature in the selection list was a camouflage to evade regular appointment of the writ petitioners on substantive posts otherwise envisaged in terms of policy decision taken by the Board of Management on 26/02/2007 with respect to recruitment of staff in Group 'B' 'C' & 'D' posts in the pan India Regional Centres including Regional Centre Srinagar. In support of this plea, the writ petitioners have referred to communication dated 22/11/2007 inter se the respondent No. 4- Director Regional Services Division, IGNOU to all the Regional Centres including the Regional Centre Srinagar. 18. The selected writ petitioners came to be issued formal appointment orders by the respondent No. 5- Director Regional Services Division IGNOU on 18/12/2007 thereby appointing the said writ petitioners against the posts. 19. On the basis of purported regular competitive mode of selection, as undergone by them, the writ petitioners claimed in the writ petition that their appointments against Group 'C'&'D' posts for all intents and purposes were regular substantive appointments against posts comprising the Service cadre. 20. In the backdrop of their said engagement, the writ petitioners came to see an imminent end of their engagement upon coming into scene of an advertisement notice dated 24/09/2009 inviting quotations from registered/approved manpower supplying agencies for supply of manpower through agency of contract labor with respect to posts manned by the writ petitioners thereby meaning the writ petitioners to be dispensable. 21. This situation afforded a cause of action thereby bringing the writ petitioners with the writ petition. In their writ petition, the writ petition, the writ petitioners asked for the reliefs as set out hereinbefore. 22. Along with their writ petition, the writ petitioners came to annex the documents to support their pleas and contentions. 23. The writ petitioners annexed their original orders of appointment, issued by the Regional Director IGNOU Srinagar Regional Centre, a reading whereof manifests that the original engagement was on contract/daily wage basis for 30 days w.e.f respective date of appointment on a consolidated salary/daily wages charges of Rs. 139/- per day. 23. The writ petitioners annexed their original orders of appointment, issued by the Regional Director IGNOU Srinagar Regional Centre, a reading whereof manifests that the original engagement was on contract/daily wage basis for 30 days w.e.f respective date of appointment on a consolidated salary/daily wages charges of Rs. 139/- per day. The engagement is mentioned to be made in terms of Circular No. RSD/RC/Gen/Staff/98-4584 dated 15/06/1999 as issued by the Director (RS). 24. Perusal of the orders of engagement in terms of exercise undertaken in the year 2008 reveals that the respective engagement of the petitioners came to be extended under original terms and conditions for six months or till the post against which each petitioner working was to be filled up on permanent basis whichever was to be earlier. It is by reference to this condition in the engagement order/s that the petitioners can not be faulted to expect that at least they cannot be replaced by any other mode of ad hoc recruitment except regular recruitment and further meaning that there are cadre posts for the Regional Centre Srinagar against which the petitioners came to be contractually engaged at different points of time last being in 2007-2008. 25. The writ petition has a document in the form of a communication number IG/ RST/RC/ BoM/ Local Recruitment/ 07/1205 dated 22/04/2007 issued by Director Regional Services Division, IGNOU. In terms of this communication from the end of the director IGNOU to all the Regional Directors/ Incharges of IGNOU Regional Centres / Sub Regional Centres reference is made to the Board of Management meeting of 26/02/2007 regarding the matter related to the recruitment of staff in the group ‘B’‘C’ and ‘D’ posts in the Regional Centres of Northeast region, Sikkim and Jammu and Kashmir. Minutes of the meeting were forwarded for information and needful action to be taken at the end of the Regional Centres/ Sub Regional Centres in reference. 26. Minutes of the meeting were forwarded for information and needful action to be taken at the end of the Regional Centres/ Sub Regional Centres in reference. 26. In terms of the minutes of meeting of the Board of Directors at item number 89.5.1, the reference is made to Board of Management’s 83rd meeting approving the recommendations of Establishment Committee made at its 42nd meeting held on 11/07/2005 relating to the local/ regional recruitment to the vacant positions under group ‘B’‘C’ and ‘D’ categories at the Regional Centres in the Northeast, Sikkim and Jammu and Kashmir taking stock of the Representation made by the staff working on contract / daily wage basis for a long spell of time it came to be proposed that contractual staff working at these Regional Centres fulfilling the eligibility criteria may be given an opportunity to apply and compete along with other candidates by granting age relaxation to the extent of their service at the respective Regional Centres provided that each has a spell of such services more than 6 months. This proposal was considered and approved. 27. Acting not in consonance with the Board of Management’s said decision dated 26/02/207, the writ respondent No.5-the Regional Director, IGNOU Regional Centre Srinagar had issued the advertisement which is on record and which reads that certain vacant positions are to be filled up on contractual basis for which last date for receiving application is 13/12/2007 and the interview / test to be held at the Centre on 15/02/2007. 28. The petitioners have also annexed a communication dated 2 to /11 / 2007 of the Director IGNOU to all the Regional Directors / Incharges IGNOU Regional Centres/ Sub Regional Centres on the filling up of vacant positions at RCS/SRCs. 29. The engagement letters issued pursuant to the selection process in favour of the petitioners refers to their engagement at IGNOU Regional Centre Srinagar on contractual basis for providing services for a period of 6 months from the date of joining having no claim for any permanent position and service terminable at any time without assigning any reason with one months’ notice and asking to join if the terms and conditions are acceptable. 30. 30. To some of the writ petitioners, their engagement letters apprised them that their engagement was purely temporary reserving no claim for a regular appointment in the University and that the services terminable at any time without assigning and a reason. 31. Thus, it is confusion/suspense at the end of the respondent No.5- Regional Director, Regional Centre Srinagar in addressing the advertisement and the engagement order/s viz a viz the petitioners that compounded and vexed the matter leading to the misplaced and self-derived assurances to the petitioners and there seems to be no corrective intervention from the end of the respondent No. 2-IGNOU to seek an input from the respondent No.5- Regional Director, Regional Centre Srinagar as to whether he was acting in tune with the directions imparted and recruitment policy prescribed of he was giving on his own flight to his own discretion by incorporating a condition in the engagement letters that the contractual appointment is for six months or till regular recruitment is made whichever is earlier. 32. So far as the notification issued giving cause of action for the writ petitioners to file the writ petition is concerned, the same reads that IGNOU Regional Centre Srinagar is in immediate need of manpower at various levels and for that purpose the engagement of staff is to be made strictly through registered / approved manpower supplying agencies/ firms. This advertisement did not disclose and reveal the nature of the staff and its strength. 33. Upon the Institution of the writ petition, the learned single Bench, vide an interim order dated 15/10/2009, had come to direct maintenance of status quo with respect to the engagement of the writ petitioners and that is how the writ petitioners’ engagement came to be protected along the pendency of the writ petition. 34. In their reply to the writ petition, the writ respondents 2to5 came forward with a version that the advertisement notice dated 7th December 2007 specifically and expressly provided for engagement of staff members purely and simply on contractual basis without any commitment for regular appointment against any regular posts on regular basis to which the petitioners had responded. 35. By referring to the petitioners’ engagement being contractual and fixed remuneration based, the answering respondents pleaded that that petitioners couldn’t claim any right of regularization and absorption in the IGNOU. 35. By referring to the petitioners’ engagement being contractual and fixed remuneration based, the answering respondents pleaded that that petitioners couldn’t claim any right of regularization and absorption in the IGNOU. It is admitted by the answering respondents that petitioners' contractual engagement on humanitarian considerations were extended from time to time and that in all the regional centers throughout the Country it is the contractual engagement which has been made in accordance with communication dated 22nd November 2007 but which engagement have ceased to exist as per the communication dated 8thDecember 2008 issued by the Director-respondent no.4. 36. With respect to the 2nd advertisement dated 24th September 2009, inviting quotations from approved manpower supply agencies for empanelment to provide manpower for many various positions at the Regional Centers including Regional Centre Srinagar qua the positions held by the writ petitioners, it is claimed that the same was being done as per the communication received. 37. With respect to the decision taken by the Board of Management of IGNOU for local recruitment in North-East regions, Sikkim and Jammu and Kashmir Regional Centers, it is claimed in the reply that no action for local recruitment was followed in furtherance of said decision of the Board of Management and on the other hand all the Regional Centers made contractual engagements on the basis of uniform pattern applicable throughout Country. 38. It is put up in the reply that local recruitment is totally different from the contractual engagement on consolidated salary. It is further submitted in the reply that local recruitment was only meant for Regional Centers at Northeast regions Sikkim, Jammu and Kashmir for specified and selected vacant posts whereas the contractual engagement is applicable to all the Regional Centres in the country for all the vacant posts. 39. It is admitted that the Board of Management's decision dated 26 February 2007 was not implemented for which a different selection committee is to be constituted whereas the selection process/ engagement process in question was undertaken by the writ respondent No. 5- Regional Director at his own level which has no concern with the decision of Board of Management. 39. It is admitted that the Board of Management's decision dated 26 February 2007 was not implemented for which a different selection committee is to be constituted whereas the selection process/ engagement process in question was undertaken by the writ respondent No. 5- Regional Director at his own level which has no concern with the decision of Board of Management. For appointment to the posts in group ‘B’, the selection committee is to be different whereas for Group ‘C’ and ‘D’ posts selection committee would be different and the process for recruitment is to be monitored and approved by Headquarter of IGNOU Delhi wherein and whereby roster system and reservation policy has to be followed. 40. Keeping in view the overall facts and circumstances as reproduced by us, we reckon that there was no clarity in the case from both sides from the very inception as to whether the positions with respect to which the petitioners came to be originally engaged on contractual basis and later on continued by the respondent No.5-Regional Director, IGNOU Regional Centre Srinagar by issuance of petitioners’ respective orders to the effect, were actually against the posts born on the regular establishment/cadre or contingency based, and if regular& permanent posts then under which policy decision of the respondent No.2-IGNOU, the Regional Centre Srinagar, or for that matter any other Regional Centre of IGNOU, was persisting with the contractual mode of engagement and that too without affording the regular pay scale of the respective posts to the contractually engaged person/s as is the case with the petitioners. We are also not in a position to know from the writ record as to what employment/engagement policy is/was being prescribed/followed in the rest of the respondents no.2-IGNOU’s Regional Centres elsewhere in India so as examine the petitioners’ case on the principle of parity. 41. There is no denial to the fact that the petitioners came to be contractually engaged by undergoing an open selection process conducted by the respondent No. 6. 41. There is no denial to the fact that the petitioners came to be contractually engaged by undergoing an open selection process conducted by the respondent No. 6. Now, could the petitioners be heard to insist that their contractual engagement be read and reckoned as regular permanent appointment on the cadre of the service of the respondent No.2-IGNOU for its Regional Centre Srinagar is a question which ex facie would earn an answer in negative contrary to the outcome coming in the form of the writ court judgment but as expressed by us hereinbefore we find that there was obtaining no clarity on the subject matter in the writ case from both sides to undertake any examination of the issue and therefore we don’t intend to prejudice the petitioners’ case by a return of finding that the recruitment policy of the respondent No.1- IGNOU for its Regional Centres admit of no regular/permanent recruitment as there is no cadre of service created for the Regional Centre/s. 42. Tone and tenor of the recommendations, communications, circulars issued at the end of the respondent No. 2- IGNOU and its official/s under the impression of which the respondent No.5-Regional Director, IGNOU Regional Centre Srinagar came forward in engaging the petitioners by issuance of respective engagement orders issued from time to time could not be drawn by us as the same were not brought on record of the writ petition from either side, and cannot be allowed to be asked for in this letters patent appeal, and therefore we cannot hazard a guess that the circulars as referred in the respective engagement orders of the petitioners were meaning to make/carry out recruitment on regular basis or on contractual basis. 43. The learned writ court in coming forward with impugned judgment has literally acted as if the employer of the petitioners vested with an authority to count the petitioners’ contractual engagement to be meant actually to be on regular permanent basis. However, even for doing and directing so, we find that the learned writ court did not have before it on the file of the writ petition the full display and disclosure of facts even to hint that the engagement/employment exercise was actually meant to be for regular permanent basis but the engagement/employment offered came to be contractual. 44. However, even for doing and directing so, we find that the learned writ court did not have before it on the file of the writ petition the full display and disclosure of facts even to hint that the engagement/employment exercise was actually meant to be for regular permanent basis but the engagement/employment offered came to be contractual. 44. Learned counsel for the petitioners urges this Bench to have regard to the fact that the appointment of the petitioners against the available sanctioned Group C&D posts have been made through a regular selection process undertaken in absolute compliance with the constitutional mandate enshrined in article 14 and 16 of the Constitution in which all the eligible candidates including candidates from open market were afforded the chance of participation and actually participated and therefore the appointment of the petitioners notwithstanding the expression contractual occurring in the respective appointment orders is to be reckoned and regarded in law a regular and substantive appointment wrestling in law the petitioners constitutionally guaranteed right to hold the posts on permanent and substantive basis in accordance with the recruitment rules governing the service. For us to accept and act upon this proposition, the learned senior counsel for the petitioners cites a judgment of the Hon’ble Supreme Court of India in the case of Rudra Kumar Sain & Ors Vs Union of India & Ors, (2000) 8 SCC 25 by referring to its para 19 and 20. 45. With due respect to the enthusiastic expectation of the learned counsel for the petitioners to read and represent the petitioners’ respective engagement on contractual basis to be in fact a regular and permanent appointment, we can only register our instant rejection to it for the very simple reason that the advertisement responded to by the petitioners and other candidates for the engagement was expressly referring to the nature of the engagement being offered to be contractual and that meant that many of the prospective and deserving candidates must not have shown any interest to participate in such a recruitment exercise which in the end was to bring to them in the event of their succeeding the job not regular and permanent but only contractual for a limited duration of time. Thus, even the petitioners cannot be heard to give a different character to the advertisement which resulted in earning them the engagement on contractual basis. Thus, even the petitioners cannot be heard to give a different character to the advertisement which resulted in earning them the engagement on contractual basis. We have made it very clear that the case representation from both sides suffered factual deficiencies in presence of which it is not possible to draw even an inference that the petitioners are engaged though contractually but against sanctioned posts born on the cadre of the Service. Nobody knows from the record of the writ petition as to what are even the service rules and regulations of the respondent No. 2-IGNOU and what is even the composition and cadre of the service in the context of its Regional Centres in India. 46. Now the purported cause of action upon which the petitioners joined together to file the writ petition before this court was coming into picture the advertisement for hiring of manpower supplying concern for manning the jobs in the Regional Centre Srinagar. Even this advertisement is so clarity deficient not telling/informing as to whether that exercise was meant to replace/substitute the petitioners or to supplement the petitioners’ jobs and positions. Furthermore, it is also not clear that if the respondent No.2-IGNOU’s Regional Centre Srinagar is a permanent establishment then whether its administration and management is meant to be carried out by ad hocism by hiring and firing the work force. 47. In the backdrop of all said and observed by us hereinbefore, we hold that the impugned judgment of the learned writ court is not sound, be it on facts and/or law, and warrants interference from our end in this letters patent appeal. We accordingly set aside the same. 48. 47. In the backdrop of all said and observed by us hereinbefore, we hold that the impugned judgment of the learned writ court is not sound, be it on facts and/or law, and warrants interference from our end in this letters patent appeal. We accordingly set aside the same. 48. However, that is not the end of the lis as we have held that it is not clear to us that if the respondent No.2-IGNOU’s Regional Centre Srinagar is meant to have regular permanent service cadre as is borne out from the last engagement orders of the petitioners issued on the basis of selection process conducted then why the petitioners are reckoned to be dispensable after having put in respective length of service qua the positions held by them and gaining good working experience as against any raw manpower intended to be hired through outsourcing mode of getting manpower supplying agency, so we are inclined to subject the case of the petitioners for the consideration of the respondent No.2-IGNOU’s decision making authority whomsoever that may be and are therefore coming up with the disposal of the letters patent appeal bearing the outcome and observations as under:- In the facts and circumstances above stated, we cannot concur with the directions passed by the learned writ court in its impugned judgment dated 14.03.2016. We hold that the learned writ court came to dawn upon itself the power and position of the employer i.e. respondent no. 2 – IGNOU in declaring the writ petitioners to be deemed to have been appointed on regular basis on the posts for which they came to be appointed on contractual basis and accordingly directing grant of all service benefits including salary in favour of the writ petitioners by reckoning their appointment on regular basis. The learned writ court overstepped its writ jurisdiction in positioning itself as the respondent no. 2 – IGNOU. We accordingly set aside the directions given in the impugned judgment. However, we also come to hold that the petitioners have not been treated with clarity and fairness by the writ respondents 2 to 5, in particular by the respondent no. 2 – IGNOU. The writ petitioners have invested good length of their life in service of the running of the writ respondent no. However, we also come to hold that the petitioners have not been treated with clarity and fairness by the writ respondents 2 to 5, in particular by the respondent no. 2 – IGNOU. The writ petitioners have invested good length of their life in service of the running of the writ respondent no. 2 – IGNOU’s Regional Centre Srinagar though by mode of getting engaged on daily wage/contractual basis but the recurring continuation/renewal of their respective engagement kept the functioning of the IGNOU Regional Centre Srinagar and in the course of time implanted an impression in the understanding of the writ petitioners that they are quasi-permanent in terms of their employment in IGNOU Regional Centre Srinagar. We hold that respondent no. 2’s Regional Centres, in particular in the North-East, Sikkim and J&K, are in permanent establishment mode and, as such, have the cadre posts for employment and that is the reason that the petitioners came to be engaged and renewed in their engagement from time to time for working on the respective posts though on daily wage/contractual basis against the posts available. Therefore, it is for the Board of Management of the respondent no. 2 – IGNOU to consider the aspect as to whether long serving contractual employees like the petitioners can be regularized in terms of their employment/engagement or not, and get a reasoned decision passed thereupon keeping in view the policy and practice if any being followed by the respondent no. 2 – IGNOU. We, therefore, hold that till the Board of Management of the respondent no. 2-IGNOU considers and decides about the regularization of the petitioners in their respective employment/engagement the petitioners shall continue to be in employment/engagement in IGNOU Regional Centre Srinagar not to be replaced by any mode of daily wagers/contractual employment or through manpower supplying agencies. The respondent no. 5 Regional Director, Regional Centre Srinagar, IGNOU shall forward the case of the petitioners detailing their respective length of employment/engagement against the posts to the Board of Management of the respondent no. 2 – IGNOU within a period of one month whereupon the Board of Management of the respondent no. 2 shall consider and take a decision with respect to regularization of the petitioners in their respective employment/engagement. 2 – IGNOU within a period of one month whereupon the Board of Management of the respondent no. 2 shall consider and take a decision with respect to regularization of the petitioners in their respective employment/engagement. Any decision on the part of the Board of Management of the respondent No.2-IGNOU to this effect in the event of being adverse to the petitioners shall entitle the petitioners to avail appropriate legal remedy as may be available at their respective end if they so desire at their respective discretion. Letters patent appeal, thus, disposed of accordingly.