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2005 DIGILAW 2452 (RAJ)

Surendra Kumar v. State of Rajasthan

2005-09-15

GOVIND MATHUR

body2005
Judgment Govind Mathur, J.-The Government of Rajasthan under an order dated 17.02.1995 decided for closure of Sriganganagar Co-operative Oil Seeds Processing Mills Limited, Gajsinghpur (for short the Mill). At the relevant time, petitioners were in employment of the aforesaid Mill. The petitioner No. 1 was holding the post of Commercial Manager and was officiating as Managing Director. The petitioner No. 2 Shri Ramesh Chander Panday at the time of closure of the Mill was working as shift in charge. The Government of Rajasthan by an another order dated 06.09.1990 constituted a Committee of three members for absorption of the surplus employees of various Government Public Enterprises in other services. A procedure to absorb such employees in service was declared by the Government of Rajasthan under an order dated 07.09.1990. By the order dated 07.09.1990, it was made clear that the Public Enterprises Bureau shall prepare a list of surplus employees of the Government Public Enterprises and on basis of the said list, necessary steps shall be taken by the Public Enterprises Bureau for absorption of such employees in service of other Public Enterprises. In continuation to the order dated 07.09.2005, a communication dated 02.07.1991 was passed by the Secretary to the Government of Rajasthan, Department of State Enterprises providing guidelines for absorption of surplus employees of various State Public Enterprises. The petitioners were declared surplus and necessary details for their absorption in services of other State Public Enterprises were sent to the Department of State Enterprises under a communication dated 10.02.1993 (Annexure-7). The Technical Assistant to the Registrar, Department of Co-operatives by a communication dated 11.07.1994 instructed the General Manager of the Mills to remit necessary details with regard the issues which were pending with the Mill at earliest. In compliance to the same, the Managing Director of the Mill remitted necessary details to the Technical Assistant to the Registrar, Co-operative Societies, Jaipur. The details so remitted is available on record as Annexure-11. In the document Annexure-11, names of the petitioners are shown as surplus employees with other necessary details with regard to their pay scales, qualification, date of appointment, etc. 2. The details so remitted is available on record as Annexure-11. In the document Annexure-11, names of the petitioners are shown as surplus employees with other necessary details with regard to their pay scales, qualification, date of appointment, etc. 2. Before proceeding further, it is also relevant to mention here that as the Mill was ordered to be closed under a cabinet decision of the Government of Rajasthan, an Official Liquidator was appointed and he too under a communication dated 211.1995 remitted details with regard to the employees who were declared surplus and were required to be absorbed in services of other Public Enterprises. Names of the petitioners were also referred for absorption in service of other public enterprises. 3. The most of the employees of the Mill stood absorbed in services of the other public enterprises including certain co-operative societies. However, the petitioners in spite of the fact that they were declared surplus were retained by the official liquidator as their services were utilised in the proceeding of liquidation. Bureau of Public Enterprises under an order dated 211.1996, in pursuance of the cabinet decision No. 2/96 of the Standing Committee No. 4 of the Cabinet dated 17.09.1996 brought out 13 Public Sector Undertakings from the purview of Bureau of Public Enterprises. The Mill too was taken out from the purview of Bureau of Public Enterprises. The petitioners on 211.1996 when the decision was notified to bring out the Mill from the purview of Bureau of Public Enterprises were working with the Official Liquidator appointed to execute the decision of Cabinet to close down the Mill. 4. The grievance of the petitioners is that the respondents are not considering their candidature for absorption of their services in any other public enterprise or a State Controlled Co-operative Society solely for the reason that the Mill was taken out from the purview of Bureau of Public Enterprises under the order dated 211.1996, consequence to which the respondents are not treating them as surplus employees of a public enterprises and, therefore, also not applied the decision of the Government to absorb surplus employees of State Public Enterprises in other State Public Enterprises. 5. A reply to the writ petition has been filed on behalf of the Registrar, Co-operative Societies as well as on behalf of the Department of Bureau of Public Enterprises, Government of Rajasthan, Jaipur. 6. 5. A reply to the writ petition has been filed on behalf of the Registrar, Co-operative Societies as well as on behalf of the Department of Bureau of Public Enterprises, Government of Rajasthan, Jaipur. 6. It is contended on behalf of the Bureau of Public Enterprises that the petitioners candidature could not be considered for absorption in services of other public enterprises as on the date, they were relieved from the services of the Mill, the Mill was not a State Public Enterprises, as such the decision with regard to absorption of the surplus employees of State Public Enterprise could not be made applicable to them. It is also stated that the petitioners could not be absorbed in any State Enterprise as the Mill wherein they were working was a Co-operative Society and not a public enterprise. .7. A rejoinder is submitted on behalf of the petitioners, in general re-treating the facts stated in the writ petition and placing certain documents on record, including the minutes of the meeting of a Standing Committee constituted by the State Government to provide appointments to the surplus employees of the co-operative societies which were taken out from purview of the Bureau of Public Enterprises. It was decided by the aforesaid Standing Committee that the employees declared surplus from the co-operative societies taken out from the purview of Bureau of Public Enterprise be employed with other co-operative societies and in the event of non-availability of the vacancies, the General Administration Department of the Government of Rajasthan may employee them on contract basis. The petitioners alongwith an additional affidavit also placed on record an advertisement issued by the Department of Co-operatives, Government of Rajasthan being a Nodel Agency for the purpose of recruitment on various posts in various co-operative banks in the State. It is stated at the bar by the Counsel for the petitioners that the petitioner No. 1 may be absorbed as Manager in a Co-operative Bank, the post pertaining to which at least 210 vacancies are available and the petitioner No. 2 may be absorbed as Banking Assistant, the post pertaining to which, 275 vacancies are available in co-operative banks. .8. Heard learned Counsel for the parties. 9. The Mill was closed down under a cabinet decision dated 17.02.1995. .8. Heard learned Counsel for the parties. 9. The Mill was closed down under a cabinet decision dated 17.02.1995. The petitioners at the relevant time were working with the aforesaid Mill and a decision was taken by the Government of Rajasthan to absorb the surplus employees of Mill in the services of other State Public Enterprises including the co-operative societies. The petitioners by specific orders, reference of which are given in preceding paras were also declared surplus from the services of the Mill. Their candidature was also recommended to the Bureau of Public Enterprises for absorption of their services in any other public enterprise. Number of employees who were declared surplus alongwith the petitioners were absorbed in services of various public enterprises and the co-operative societies being surplus employees of a public enterprise. It was unfortunate of the petitioners that they were retained by the Official Liquidator to assist him in the process of closing down the Mill. The petitioners when were relieved from the work, the Mill was taken out from the purview of Bureau of Public Enterprises under an order dated 211.1996. There was no fault on part of the petitioners in continuing with the Mill till then as they were ordered to assist the Official Liquidator in the process of closure. Prior to it, they stood declared surplus as it is apparent from the document Annexure-7 dated 10.02.1993 whereby the Managing Director of the Mill communicated to the Department of State Public Enterprises that the petitioners being declared surplus are entitled for absorption of their services in any other public enterprise. The same order was reiterated by the communication dated 12.07.1994 (Annexure-11). In view of it, the retention of the petitioners with the Mill during the liquidation proceedings cannot be reason for not considering their candidature for appointment in other public enterprise or State controlled co-operative society. The petitioners should have been treated as surplus employees of the Mill and their candidature should have been considered by the Bureau of Public Enterprises alongwith other employees of the Mill for their absorption in services of other Public Enterprises or the co-operative societies controlled and administered by the Government of Rajasthan. .10. The petitioners should have been treated as surplus employees of the Mill and their candidature should have been considered by the Bureau of Public Enterprises alongwith other employees of the Mill for their absorption in services of other Public Enterprises or the co-operative societies controlled and administered by the Government of Rajasthan. .10. It is further pertinent to note that the Government of Rajasthan was aware of the fact that the co-operative societies which were taken out from the purview of the Bureau of Public Enterprises too were facing the problem with regard to absorption of the services of their employees, therefore, a conscious decision was taken by the Standing Committee constituted by the Government of Rajasthan on 30.09.1997 to absorb services of the surplus employees of the co-operative societies which were taken out from the purview of the Bureau of Public Enterprises in the services of co-operative Institutions and in the event of non-availability of the vacancies in the co-operative institutions for their employment on contract basis in General Administration Department. The petitioners are entitled for appointment by way of absorption in accordance with the decision of the Standing Committee dated 30.09.1997. The contention raised by the respondents to the effect that on the date the petitioners were relieved from the Mill were not employed with a State Public Enterprise, therefore, their services could not be absorbed is erroneous for the reasons .mentioned above. 11. In view of the whatever discussed above, the writ petition deserves acceptance and the same is, therefore, allowed. The respondents are directed to consider the candidature of the petitioners for the purpose of absorption in the services of any of the Public Enterprise in the State of Rajasthan or in the Co-operative Institution controlled and administered by the Government of Rajasthan. 12. No order as to costs.