' This order will dispose of Writ Petitions Nos. 884, 901, 902, 903, 904, 905, 906 and 908 of 1986 in view of the commonality of facts and law involved, viz., petitioners' cases,' having been appointed as Octroi Clerks/Octroi Peons and Sanitary Mate by the respondent during the period 1968 to 1969 without obtaining prior permission of the competent Authority qua relaxation of age limit, pursuant to the directive envisaged in Memorandum No,SOIV-BWP-3(26)/78, dated 12-1-1980 requiring all the Administrators of Municipal and Town Committees to submit all cases of appointment made in relaxation of the age limits by 28-2-1980, were referred by the respondent to the competent Authority; however, later on, vide the impugned order they were called upon by the respondent to furnish approval of the Government qua relaxation of their age limits failing which they will be deemed to have been removed from service; legality whereof has been questioned through these proceedings, by inter alia, contending that they were appointed by the competent Authority who also having been vested with the power to relax the age limit duly relaxed the same; being permanent employees their services cannot be dispensed with under a deeming clause without adopting the proper legal procedure in violation of the inalienable principle of natural justice of having been condemned unheard; which has been opposed by the learned counsel appearing on behalf of the respondent.
2. I am afraid, the competent Authority having appointed the petitioners by way of estoppel cannot be allowed to reprobate the same after a period of more than one decade on the sole ground that their cases as yet have not been regularised by the Government because they cannot be penalised for the failure or inaction of the bureaucratic machinery of the State; resultantly, the petitions are allowed, and the impugned order is set aside; however, since the petitioner's counsel has not shown up, therefore, there shall be no order as to costs.