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State of Bihar Vs. Baliram Singh [29/10/18]

Posted on 10/31/2018 by MyNation Leave a comment

State of Bihar and Ors. Vs. Baliram Singh Ors.

[Civil Appeal No.10806 of 2018 arising out of SLP (C) No. 7358 of 2018]

A.M. Khanwilkar, J.

1. Leave granted.

2. This appeal arises from the final judgment and order dated 15th January, 2018 in L.P.A. No.2307 of 2016 passed by the Division Bench of the High Court of Judicature at Patna whereby the judgment and order passed by the Single Judge in Civil Writ Jurisdiction Case No.22208 of 2013 dated 22nd August, 2016 allowing the writ petition preferred by the respondents inter alia for relief of payment of salary for the period from 1st October, 2001 till 3rd July, 2007 and consequently directing the appellants to pay the amount towards salary for the said period had been upheld.

3. The respondents filed a writ petition initially praying for a direction against the appellants to make payment of salary to them for the period from 1st October, 2001 till 3rd July, 2007, along with statutory interest. By way of an amendment, a further relief was claimed to issue a writ of mandamus to the appellants to give continuity of past services to the respondents taking into account the period from 1st October, 2001 till 3rd July, 2007 for the purpose of making payment of salary to the respondents for the said period. The respondents asserted that they were appointed as Adult Education Supervisors between 1981 and 1987 pursuant to advertisements published between 1979 and 1983. It is stated that 771 posts of Adult Education Supervisor were abolished in terms of the decision of the State Government after adjusting the remaining 367 supervisors who continued to work until the abolition of the posts in the year 1991.

4. These termination orders were challenged by the association of the respondents, namely, the Bihar State Adult and NonFormal Education Employees Association, by way of CWJC No.5036 of 1992. That writ petition was disposed of along with connected cases vide judgment dated 24th May, 19961. Paragraph Nos.36 and 37 of the judgment read thus:

“36. There is no doubt that petitioners’ initial appointments were made to a scheme which was purely temporary, therefore, it may not be possible for me to ask the respondent authorities to regularize their services. But I have already noticed that their appointments were made as per the prescribed norms of the Government after proper advertisement etc. I have also noticed that having regard to their past services rendered continuously for ten to fourteen years, the State authorities had themselves absorbed at least 771 of such Supervisors and for rest steps were under contemplation. Petitioners have also been able to establish successfully that the decision of the authorities to cancel such adjustment was not only malafide rather shameful. But now a stand is being taken by the respondents that those 771 posts were also temporary hence a decision was taken to terminate the petitioners. Therefore, in these backgrounds, it would not be proper to quash the order of petitioners’ termination.

37. But it cannot be ignored that having regard to the long services rendered by the petitioners, administrative authorities had suggested steps for their absorption even in other departments. Therefore, having taken into consideration entire facts and circumstances of the case, I dispose of the writ petitions with the following direction to the respondent authorities:

(a) to allow the petitioners and interveners to continue against these 771 posts, against which they were adjusted in terms of the letter of the concerned department, dated 19th December, 1990. But such adjustment is to be made as per their seniority or

(b) in case those posts have also been abolished, take steps to absorb/adjust the petitioners along with the interveners in a similar manner, the employees of Consolidation Department were adjusted or

(c) if for any justified reason condition nos. (a) or (b) are not possible, take a decision similar to the State of Uttar Pradesh, which I have already indicated in paragraph no.18 of this order and adjust/absorb them accordingly. But in the facts and circumstances of the case, I could not persuade myself to quash the impugned order. With the aforesaid directions/observations, these writ applications are, thus, disposed of. But the parties are left to bear their own costs.”

5. Consequent to the said decision, the appellants appointed the respondents in the Non Formal Education Scheme/Adult Education Scheme vide order dated 15th March, 1998. The said order reads thus:

“The Government of Bihar

Secondary, Primary and Adult Education Department

Office Order

Patna, date: 15th March, 98

No.24/Mu. 5042/ 92 P.E. 112/C.W.J.C.5036/ 92

1. In the light of order passed on the date of 24.5.96 by the Hon’ble Patna High Court in C.W.J.C. No.5036/ 92 and other annexed petitions and in the light of order passed on the date of 26.11.97 in M.J.C. No.2884/ 96 and 3172/96, against the sanctioned and vacant posts of the Project 5 Officers, under Informal Dist. Public Education Program under Public Education Directorate, to the following service relieved Adult Education Supervisors along with the other allowances payable from time to time by the Government, in payscale1600502300602700, making appointment in temporary way on the post of Project Officer under Informal Education, order is passed to make joining in Public Education Directorate, Bihar Patna.

2. Aforesaid all appointed employees at the time of joining, shall submit necessarily Medical Certificate issued by Civil Surgeon.

3. This appointment shall be deemed fresh appointment, resultantly their earlier services shall not be calculated for their pension,/ promotion/ time bound promotion etc.

4. If by the aforesaid employees, their earlier charges are not handed over, then only after handing over earlier charge, joining shall be made at new posted place.

5. To all aforesaid employees only starting salary of payscale mentioned in this letter shall be payable immediately.

6. The service of all aforesaid employees shall be under policy and principle of Informal Education Program/Adult Education Program.

7. The service conditions of aforesaid all appointed employees shall be deemed under circulars issued earlier in the context of retrenchment and adjustment by the Personnel Department and Finance Department.

8. On being any kind of alteration in Sl. No. in amended Provisional Seniority List prepared by Public Education Directorate, Bihar, Patna, alteration may be made in the post of employees mentioned in this letter also.

9. If during review by Public Education Directorate, proof is found of arrear or defalcation against any aforesaid employee, then action shall be taken for its recovery. If against any employee serious charges are found or their service is found unsatisfactory, then their service may be terminated.

10. The aforesaid appointed employees shall submit affidavit in the context of their appointment at the time of joining stating therein that, their appointment is made in formal way and as per rule and if in future their appointment is found illegal/irregular, then their service shall be terminated and they shall be liable to punishment.

11. The employee who was appointed on the post of Project Officer, under informal education for the period of three years on the basis of contract earlier in category of Adult Education Supervisor and whose service was extended up to December, 97, his appointment also shall be deemed fresh appointment.

12. Aforesaid all appointed employees shall make joining in Public Education Directorate, Bihar, Patna within one month from date of issuance of this letter, otherwise their appointment shall be terminated.

Sd./dated 15398

[Vishnu Kumar]