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1998 DIGILAW 316 (PAT)

Bachcha Singh v. State Of Bihar

1998-04-15

M.Y.EQBAL

body1998
Judgment M.Y.Eqbal, J. 1. This application for initiation of a contempt proceeding against the opposite parties has been filed for the alleged disregard and disobeyance of the judgment and order dated 1.9,1995 passed by this Court in C.W.J.C. No. 8356 of 1993. 2. The petitioners filed the aforementioned writ petition seeking appropriate direction to the respondents for regularisation of their services who are working on daily wages for the last several years and to pay the pay scale of the posts of which the petitioners are performing duties till the petitioners are regularised in the regular scale of pay against regular vacancy. The writ petition was disposed of in terms of the judgment and order dated 1.9.1998. This Court taking into consideration the facts that the project in which the petitioners have been working is not temporary, disposed of the writ petition by passing the following orders: (a) The respondent-authorities will prepare a scheme for regularisation of the employees and those petitioners who have not already been regularised; (b) Such scheme be prepared within a period of four months from the date of receipt/production of a copy of this order; (c) Under the scheme so prepared, the petitioners will be regularised in phased manner as and when vacancy arises. The respondent authorities are directed to follow strictly the seniority of the petitioners concerned; (d) Till the regularisation of the petitioners is completed, the status quo in respect of discharge of duties shall be maintained. (e) The above direction for the purpose of preparation of scheme will be applicable to only those petitioners who are still working. 3. According to the petitioners, a copy of the aforesaid order was duly communicated to the Commissioner-Cum-Secretary, Forest & Environment Department, Govt. of Bihar, Patna and also the Principal Chief Conservator of Forest, Bihar and other authorities, but the order and direction has not been complied with. 4. A show cause has been filed by Opp. Party No. 11 stating, inter alia, that in terms of the order and direction issued by this Court a scheme for creation of post was prepared which on passing through several stages finally got recommendation for creation of 8 new posts of Animal keepers.. This act of creating new posts was approved by the High Powered Committee chaired by the Secretary-cum-Commissioner, Forest and Environment Department on 18.2.1997. This act of creating new posts was approved by the High Powered Committee chaired by the Secretary-cum-Commissioner, Forest and Environment Department on 18.2.1997. It is stated that high level committee in the meeting found justification of creation of 8 new posts in Sanjay Gandhi Biological Park and allowed the petitioners to participate in the process of recruitment on the post. 5. Another show cause has been filed by Opp. Party No. 4 Secretary-cum-Commissioner in the Department of Forest and Environment, Govt. of Bihar. It is said that in the light of the direction of this Court, one scheme for creation of 80 posts was prepared by the Director, Sanjay Gandhi Biological Park, Patna, on 17.11.1995 which was duly examined by the department and the same was referred to the Committee headed by the Commissioner-cum-Secretary of the department for giving his suggestion in the light of the planned budget for the Forest and Environment, department prepared under five years plan. The committee consisting of Forest Commissioner, the then Chief Conservator of Forest. Bihar and Director, Biological Park, Patna considered the scheme within the ambit of the five years budget plan of the Forest and Environment Department and the Committee came to the conclusion that since the posts are to be created in phased manner, as such at the moment order eight posts of Animal Keepers should be created on the basis of work load. According to the decision of the Committee a proposal to create 8 new post was submitted to the Government vide memo No. 471 dated 7.5 1997 and accordingly, recommendation for creating 8 new, posts of Animal keepers was referred to the Administrative Cadre Control Committee. It is further stated that the Administrative Cadre Control Committee approved the creation of 8 new posts in its meeting held on 23.12.1997 with a rider that same number of post in the Forest Department should be surrendered and now new appointment should be made and the newly created post should be filled up by adjustment. It is further stated that the Department of Forest & Environment has again prepared a detailed plan afresh for creation of 80 post for the Biological Part and the same has been submitted to the Government by the P.C.C.F. Bihar vide his letter No. 64 dated 18.3.1998. It is further stated that the Department of Forest & Environment has again prepared a detailed plan afresh for creation of 80 post for the Biological Part and the same has been submitted to the Government by the P.C.C.F. Bihar vide his letter No. 64 dated 18.3.1998. Lastly it is stated that as per the direction of this Court all necessary steps have already been taken for creation of post for regularisationing the services of writ petitioners in phased manner and status quo order with regard to the writ petitioners is being maintained in the Biological Park, Patna. 6. Heard learned Counsel for the petitioners and learned Counsel appearing on behalf of the opposite parties. On the one hand, learned Counsel for the petitioners vehemently advanced his argument and submitted that although the order and direction was passed on 1.9.1995, the Opposite parties deliberately and wilfully delayed compliance of the direction by not framing scheme According to the learned Counsel, preparation of scheme and creation of only 8 posts will not amount to compliance of the direction of this Court. 7. On the other hand, learned Counsel for the Opp. parties submitted that besides taking steps for preparation of scheme and creation of 8 posts, the Department of Forest & Environment has also prepared a detailed plan for creation, of 80. posts for the Biological Park and the same has been submitted to the Government by the P.C.C.F. Learned Counsel then submitted that in spite of all steps taken by the Opp. parties in compliance of the order/direction of this Court, the petitioners intimidated the officers of the Forest Department for regularisation of their services at once. Not only that, the Union of the Daily rated workers, of which the petitioners are members, issued letters to the Principal Chief Conservator of Forest, Bihar, indicating therein that as per decision of the Union whenever he will come in Patna camp office he shall be Gheraoed and other agitation shall be started against him. Learned Counsel further drawn my attention to. the relevant portion of the show cause and submitted that some petitioners misbehaved with the Chief Conservator of Forest. Wildlife and restrained him. from attending meeting, whereafter he lodged F.I.R. in the Sachiwalaya P.S. stating full facts concerning incidents which took place on 21.3.1998. Learned Counsel further drawn my attention to. the relevant portion of the show cause and submitted that some petitioners misbehaved with the Chief Conservator of Forest. Wildlife and restrained him. from attending meeting, whereafter he lodged F.I.R. in the Sachiwalaya P.S. stating full facts concerning incidents which took place on 21.3.1998. In support of that a copy of the letter and F.I.R. have been annexed with the show cause. 8. The main question falls for consideration before me is that whether the Opposite Parties have committed contempt within the meaning of Contempts of Court Act. Before expressing my view, 1 must again looked into the order/direction passed in the writ application. The grievance of the petitioners in the writ petition was that although they have been appointed during the period 1980-90 and working as daily rated workers/temporary employees, but their services were not regularised. During the course hearing of writ petition, the Opp. party-State of Bihar has very fairly informed this Court that question of regularisation of the services of the petitioners and similar placed employees are being considered and they will be regularised as and when vacancies arise, Having regard to the fair stand taken by the State Counsel, this Court disposed of the writ petition with a direction to the respondents to frame scheme and regularise the services of the petitioners in phased manner as and when vacancies arise. From the order passed in the writ petition it is manifest that there is no specific direction given to the respondents for immediate and at once regularisation of the services of all the employees rather it is to be done in phased manner. From the show cause it is evident that the opposite parties have prepared a scheme and created 8 new posts and further as per direction of this Court all necessary steps have already been taken for creation of posts for regularisation of the services of the writ petitioners in phased manner within five years. In my opinion, the delay, if any, caused in preparation of scheme and in creation of the post is not an acts of deliberate negligence or in action on the part of any particular officer of the Forest Department, the Secretary-cum-Commissioner, in the Department of Forest & Environment, Govt. In my opinion, the delay, if any, caused in preparation of scheme and in creation of the post is not an acts of deliberate negligence or in action on the part of any particular officer of the Forest Department, the Secretary-cum-Commissioner, in the Department of Forest & Environment, Govt. of Bihar, in his affidavit has very categorically stated that the status quo order with regard to the petitioners is being maintained in the Biological Park. 9. In that view of the matter, 1 am of the opinion that there is no wilful and deliberate disobedience or disregard of the order/direction passed by this Court by the Opp. parties. No case of contempt is, therefore, made out against the opposite parties. 10. Before parting with this order I must observe that the rider put by the State Government in creation of 8 posts should be removed, so that some of the petitioners should be regularised immediately. The State Government and its officers including the Secretary-cum-Commissioner, Department of Forest and Environment, Govt. of Bihar, should endeavour to regularise all the petitioners either in phased manner or at a time. It is further observed that in the meantime if the petitioners do any mischief with the opposite parties or any concerned officers or indulged in unlawful activities, then the opposite parties shall be entitled to take action against the petitioners in accordance with law. 11. With the aforementioned observation/direction, this contempt petition is disposed of.