Bihar State Adult Non formal Education Office Association v. State of Bihar
1993-09-01
N.K.SINHA, U.P.SINGH
body1993
DigiLaw.ai
ORDER U.P. Singh and N. K. Sinha, JJ. - Heard the counsel for the parties. 2. The Bihar State Adult & Non-Formal Education Office Employees Association through its General Secretary has challenged the validity of the orders of termination of petitioner Nos. 2 to 12. Similar order as contained in Annexure-2 series has been passed in respect of them on 28.2.93 by the Director of Mass Education on the ground that the petitioners were appointed without following the regular procedure. The admitted position is that no show cause notice was issued to them before terminating their services. The order docs not speak of any irregularity as such. The petitioners were not afforded any opportunity to know the irregularities and they were never given any opportunity to have their say in the matter. On this ground alone we have quashed such termination which were challenged before' this court in other writ application and the same has been annexed as Annexures 30 and 31 to this writ application. Our attention has been drawn to an order of the Government contained in Annexure-32 dated 5th July 1993 showing that in accordance with the order of this court rendered in C.W.J.C. 4959/93 as contained in Annexure-31 the petitioner of that writ application was reinstated. The petitioners in this application similarly situated have come up for similar relief on the same ground and we see no reason to take a different view. Their ad hoc appointments were made between the year 1983 and 1987 and extended from time to time. 3. Our attention has been drawn to the statement made in the Counter affidavit stating that now the Adult Education Project has been abandoned and under the revised scheme the thrust of the programme is on T.L.C. to be run by voluntary agencies. In other words according to the revised scheme of the Government of India it has been decided to discontinue Adult Education Project altogether In this view, the Adult Education project, has been abolished altogether the posts of Clerks, peons, etc. are continuing at District and Directorate level only. Those persons who were appointed on regular basis following all the procedure of appointment arc being paid salary' against the corresponding posts in Non-formal education.
are continuing at District and Directorate level only. Those persons who were appointed on regular basis following all the procedure of appointment arc being paid salary' against the corresponding posts in Non-formal education. The further statement contained in the counter affidavit is that if there will be any vacancy the petitioners will be given opportunity to apply with relaxation in their age limit. Mr. Mukhopadhyaya, learned counsel for the petitioners has challenged the said statement contending that in accordance with their own stand contained in Annexures- 14 and 15 a decision was taken by the State Govt. in the meeting of the high officials on 27th November, 1992 relating to the Adult Education programme and sanction was given to class III and class IV posts of non-formal wing of the Directorate. It was decided that class III and class IV posts of Non-formal wing be not filled up by direct recruitment which would he filled up by way of absorption of Clerk-cum- Accountant, Clerk-Cum-typist and Peons etc. of the Adult Education wing with a further stipulation that such absorption will he done by January 1993. Annexure-15 is a memorandum prepared for the purpose of sanction of budget of Non-formal wing. It was stipulated therein that class III and class IV posts of non-formal wing of the Directorate be not filled up by way of direct recruitment but by way of absorption of the employees of class III and class IV posts of Adult Education wing of the same Directorate including that of the posts of Clerk-cum-Accountant, Clerk-cum-typist & Peons etc. By another resolution dated 5th September, 1979 the Personnel and Administrative Reforms Department, Government of Bihar, reiterated that if any person has been appointed in any project, on completion of the work of the project, the services of that person should not be terminated and such person should be absorbed in other project. It has also been decided therein that if in other project and/or department no such vacancy is available then only to terminate the services of such persons on abolition of the project and/or the department. The aforesaid decision of the Government has been further reiterated on 10th May 1992 by the Personnel and Administrative Reforms Department, Govt. of Bihar, as contained in Annexure-24.
The aforesaid decision of the Government has been further reiterated on 10th May 1992 by the Personnel and Administrative Reforms Department, Govt. of Bihar, as contained in Annexure-24. On the strength of these documents it is contended that although large number of class III and class IV posts are available in the non-formal wing of the same Directorate of Non-formal Education even then the respondents without resorting to absorb their services, have terminated the services of petitioners 2 to 12. It has also been pointed out that in similar cases in respect of ad-hoc employees even in respect of the daily wages employees and the surplus employees the Government have made absorption by different orders, vide Annexure-25 to this petition. 4. In this view of the matter we direct that since the petitioner's termination of service is bad in law, the impugned orders arc quashed and they should be absorbed in view of the decisions as contained in Annexures - 14, 15, 23 & 25. The Government shall take appropriate steps in absorbing the petitioners in non-formal wing of the education in accordance with their seniority. 5. With the observations and directions we quash Annexures-2 series and allow this application.