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2002 DIGILAW 1028 (PAT)

Vijay Shankar Verma v. State Of Bihar

2002-09-20

CHANDRAMAULI KR.PRASAD

body2002
Judgment 1. In this writ application prayer of the petitioners is to issue a writ in the nature of mandamus directing the respondents to consider their cases for appointment against the sanctioned vacant class III and class IV posts. 2. Short facts giving rise to the present application are that the petitioners earlier filed C.W.J.C. No. 2803 of 1993 (Shiv Narayan Pd. & Ors. V/s. The State of Bihar & Ors.) before this Court inter alia praying for their appointment in the Government Press. Aforesaid prayer was made on the ground that they had taken training in the Governemnt Press under the Apprentice Act. By order dated 8.2.1994 the said writ application was disposed of in the following terms : "However, having regard to the facts of the case, we direct the respondents to follow the rules for making direct recruitment as and when vacancies arise. In case no rules have been framed, the respondents must follow the principles enshrined in Articles 14 and 16 of the Constitution of India. If the petitioners apply for such employment, their cases shall be considered in accordance with law, if they are found eligible and duly qualified for the post." 3. After the aforesaid order when the petitioners were not appointed they again preferred a writ application before this Court which was registered as C.W.J.C. No. 11312 of 1996 (Vijay Shankar Verma & ors. V/s. The State of Bihar & ors). The said writ application was disposed of by order dated 16.9.1997 (Annexure-2) in the following terms : "Accordingly, the Respondents are directed to fill up all the class-IV, Technical and Non-technical, posts under the Press concerned at Gaya, in terms with the order and direction of this Court dated 8th February, 1994 passed in C.W.J.C. No. 2803 of 1993 (Annexure- 4), within a period of six months from the date of receipt/ production of a copy of this order. They will fill up such posts after consideration of the case of the petitioners and others, in accordance with law. If there is no guideline to give weightage to the retrenched employees/ apprentices, it will be open to the petitioners to bring the same to the notice of the authorities. In that case, the Respondents will follow the guideline if any, laid down by the Respondents- State or any court of law." 4. If there is no guideline to give weightage to the retrenched employees/ apprentices, it will be open to the petitioners to bring the same to the notice of the authorities. In that case, the Respondents will follow the guideline if any, laid down by the Respondents- State or any court of law." 4. Complaining non compliance of the aforesaid order petitioners preferred M.J.C. No. 2527 of 1998 (Vijay Shankar Verma & Ors. V/s. The State of Bihar & Ors.) for initiating proceeding for contempt against the respondents. The said contempt application has been disposed of in the following terms : "In the supplementary show cause filed on behalf of Finance Commissioner, Government of Bihar, Patna, it is stated that many machines of Gaya Press have become obsolete, declining productivity and rising cost so the Govt. has frozen the vacancies in the Press and taken the decision in March 96 to consult the National Productivity Council to examine the functioning of the Government Press after the direction passed in C.W.J.C. No. 11312/96. In view of the aforesaid stand taken by the Finance Commissioner, Counsel for the petitioners sought permission to withdraw this application to agitate the matter at appropriate stage. He is so permitted. The M.J.C. Application stand disposed of". 5. It is the stand of the petitioners that the National Productivity Council submitted his report in respect of the Government Press Gaya and recommended additional requirement of two posts of Class-IV i.e. one each of Deputy Foreman (Plate Maker) and D.T.P. Operator, two posts in class-Ill i.e. one each of Plate Maker and Assistant Plate Maker, still they are not filling up those posts by way of regular appointment. 6. Counter affidavit has been filed in which it has been stated that the respondents had decided not to fill up any vacancy of class-Ill and class-IV posts and although the report of the National Productivity Council was approved but it has been decided in the meeting dated 5.8.2002, presided over by the Finance Commissioner that new recruitment should be kept at bare minimum and all efforts must be made to accommodate the existing strength after proper training and deployment. Paragraph Nos. 10 and 14 of the counter affidavit which are relevant for the purpose are reproduced hereinafter. "10. The statement made in para 21 of the writ application is not correct and hereby denied. Paragraph Nos. 10 and 14 of the counter affidavit which are relevant for the purpose are reproduced hereinafter. "10. The statement made in para 21 of the writ application is not correct and hereby denied. The supplementary show cause on behalf of the Finance Commissioner in M.J.C. No. 2527/98 sworn on 13.4.99 (Annexure 13 of the writ application) is factually correct. It is a fact that the Government had frozen the vacancies in the press due to the fact that the machines had become obsolete and the productivity declined and costs had risen. In the supplementary show cause, it was also stated that there was neither any proposal to fill up vacancy in near future. This statement on behalf of the Finance Commissioner was true on 13.4.99 when it was sworn and position is still the same. During this period no steps have been taken to fill up the frozen vacancies in the press as such the allegation of the petitioners is unfounded, misconceived and mischievous." "14. With regard to the statement made in para 28 of the writ application it is stated that it was a meeting to consider the promotion of Class III and Class IV employees and it has nothing to do with any appointment. It is further stated that till today there is no proposal to fill up any vacancy of Class III and Class IV post. After taking into consideration the report of the National Productivity Council (NPC) the Government in the year 1999 has approved the proposal and decided to get the report of NPC executed through the NPC itself. In the follow of action after this decision it has been further decided in the meeting dt. 5.8.2000 presided over by the Finance Commissioner that New recruitment should be kept at bare minimum and all efforts must be made to accommodate the existing strength and after proper training and deployment." 7. Mr. R.N. Mukhopadhyaya, appearing on behalf of the petitioners submits that in view of the order dated 16.6.1997 passed in C.W.J.C. No. 11312 of 1996 (Vijay Shankar Sharma (sic) and others V/s. The State of Bihar and others) disposed of on 16.9.1997 (Annexure-12), respondents are under an obligation to fill up the posts which have been assessed by the National Productivity Council. He highlights that the respondents cannot get rid of the said order. He highlights that the respondents cannot get rid of the said order. I do not find any substance in the submission of the learned counsel. 8. It is relevant here to state that while disposing of the said writ application, this Court directed to fill up all the Class IV technical and non-technical posts of the Government Press, Gaya. Complaining its non-compliance, the contempt application, i.e. M.J.C. No. 2527 of 1998 was filed and taking into account the decision of the State Government not to make appointment in the Press in question, the contempt application was disposed of. The position, as existing today, is the same. Respondents in the counter affidavit have in unequivocal terms have stated that the Government had frozen the vacancies in the Press as the machines have become obsolete, the productivity has declined and the cost has risen. It has also been averred that no steps have been taken to fill up the vacancies. 9. Mr. Mukhopadhyaya then refers to the statement made in para-14 of the counter affidavit in which it has been stated that the "new recruitment should be kept at bare minimum and all efforts must be made to accommodate the existing strength after proper training and deployment" and submits that this decision to accommodate the existing strength after proper training and deployment, is in the teeth of the Rules for Recruitment and Promotion of Subordinate Non-clerical (Industrial Staff) in the Bihar Government Presses at Gulzarbagh and Gaya. In support of his submission, he has placed reliance on a judgment of a Division Bench of this Court in the case of Chandradip Paswan and others V/s. The Chairman and Managing Director, Allahabad Bank and others, reported in 1983 PLJR 161. He points out that the decision of the respondents to accommodate the existing strength after proper training and deployment is de hors the rules referred to above. I do not have the slightest hesitation in rejecting this submission of the learned counsel. It seems that because of the machines being obsolete and the cost having risen, the respondents have decided to carry out the work from the existing staff and for that purpose, to give them proper training and make deployment accordingly. The aforesaid stand of the respondents cannot be said to be an attempt to make recruitment. It seems that because of the machines being obsolete and the cost having risen, the respondents have decided to carry out the work from the existing staff and for that purpose, to give them proper training and make deployment accordingly. The aforesaid stand of the respondents cannot be said to be an attempt to make recruitment. That being the position, the submission of the learned counsel is absolutely misconceived and the authorities relied on has no application in the facts of the present case. 10. In the result, I do not find any merit in the application and it is dismissed accordingly.