B. S. YADUVANSHI v. NATIONAL SEEDS CORPORATION LTD
2006-05-01
S.RAVINDRA BHAT
body2006
DigiLaw.ai
S. RAVINDRA BHAT, J. ( 1 ) THE writ petitioner in these proceedings under Article 226, questions an order dated 3. 4. 1992 compulsorily retiring him from the services of the first respondent, National Seeds Corporation Ltd. (hereafter called the Corporation ). ( 2 ) THE undisputed facts of this case are that the petitioner joined the corporation as Assistant (Accounts) on 19. 11. 1966. He was promoted as accountant in November 1969; later he was promoted to the post of Accounts officer in January 1978. He claims to have been efficient and diligent in the performance of his duties. Whilst in service, he was permitted to cross the efficiency Bar in the year 1988. ( 3 ) THE corporation follows the Central Government pattern of staffing and service conditions. By the order dated 3. 4. 1992, the Review committee, pursuant to an order dated 3. 4. 1992, the respondent in exercise of powers under Rule 56 (j) (i) of the Fundamental Rules as applicable to employees of the corporation, retired the petitioner with immediate effect. The impugned order reads as follows:-"office ORDER NO. 67 whereas the Chairperson-cum-Managing Director, National Seeds Corporation limited is of the opinion that it is in the public interest to do so; now THEREFORE, in exercise of the powers conferred by clause (j) (i) of the Rule 56 of the Fundamental Rules as made applicable to the employees of this corporation, the Chairperson-cum-Managing Director hereby retires Shri B. S. Yaduvanshi, Accounts Officer, NSC, Hqrs. With immediate effect, he having already attained the age of 50 years on 02. 04. 1992. The Chairperson-cum- managing Director also directs that Shri B. S. Yaduvanshi shall be paid a sum equivalent to the amount of his pay plus allowances for a period of three months calculated at the same rate at which he was drawing then immediately before his retirement. " ( 4 ) THE petitioner questions the impugned order as arbitrary and illegal. It is alleged that as per the guidelines formulated on 5. 1. 1978, by the Central government, to determine who has to be compulsorily retired in exercise of power under FR 56 (j), the parameters prescribed were that public servants whose integrity is doubtful or those found to be ineffective and inefficient, only could be retired.
It is alleged that as per the guidelines formulated on 5. 1. 1978, by the Central government, to determine who has to be compulsorily retired in exercise of power under FR 56 (j), the parameters prescribed were that public servants whose integrity is doubtful or those found to be ineffective and inefficient, only could be retired. The guidelines have also stipulated that no employee should be retired on grounds of ineffectiveness if during the preceding five years he was promoted to higher posts and his services have been found to be satisfactory. In any case, the entire service records have to be considered. ( 5 ) THE petitioner also alleges that the guidelines required that compulsory retirement ought not to be taken recourse to, as a measure of reducing surplus staff. It is alleged that the petitioner did not fall within the description of one found to be inefficient. He was promoted to officiate as accounts Officer over the claims of other Senior Officers. He had also been allowed to cross Efficiency Bar and therefore, resort to compulsory retirement was unfair and arbitrary. ( 6 ) IT is also alleged that the review committee which considered the issue, acted in a mechanical manner without proper application of mind. ( 7 ) THE respondent, in its return, has denied that the impugned order is arbitrary or illegal. It is stated that the petitioner?s service records were reviewed, as a result of which it was decided not to continue with his service, in public interest. The respondent has stated that the petitioner had been communicated with adverse remarks, and that his service records were not of such brilliance or merit, as to conclude that services ought to be continued. He had a poor record, and had been communicated with adverse remarks. His claim to be an official of merit, has been disputed. ( 8 ) IT has also been averred in the counter affidavit that the determination of the respondent not to continue with the petitioner?s services is not punitive in nature, and does not result in adverse civil consequences. ( 9 ) MR. S. K. Jain, learned counsel, submitted that the petitioner had a consistently good record, and was even granted selection grade.
( 9 ) MR. S. K. Jain, learned counsel, submitted that the petitioner had a consistently good record, and was even granted selection grade. It was contended that the guidelines of the government, as applicable to the respondent, bound it to take into account the most recent ACRs and the performance of the petitioner. He had always been a merited official, and that during his career, the respondent had found him to be exceptional to the extent that he was given officiating charge over the claims of his seniors. ( 10 ) IT was submitted that the guidelines laid down for compulsory retirement have not been followed in as much as (i) petitioner?s integrity is not doubtful, (ii) petitioner is not found to be ineffective and he is not found to be unfit or incompetent to continue in the post of Accounts officer, which is had been holding since 1978 i. e. for the last 14 years, (iii) assuming that he was not found fit to continue in his present post, his fitness to continue in the lower post i. e. of an account had not been considered, (iv) petitioner had been promoted to the said post 14 years back (v) further, within 5 years of his promotion to the said post, his service had not been found unsatisfactory, (vi) the entire record of the officer, should be considered at the time of review. The entire service record of the petitioner shows good and meritorious service. The two adverse entries do not show any iefficiency, ineffectiveness or unfitness for the post held by him ( 11 ) COUNSEL relied upon the judgments reported as J. D. Srivastav Vs. State of mp 1984 Lab. I. C page 337 (SC); S. Ramachandra Raju Vs. State of Orissa 1994 (69) FLR 833; Union of India and Ors. Vs. R. C. Mishra (2003) 9 SCC 217 Ram Iqbal sharma Vs. State of Bihar and Anr. 1990 Lab I. C. 1188 (S. C) and Swami Saran saksena Vs. State of UP 1980 Lab. I. C. 219 (SC ). It was argued that the respondents were bound to consider all the records fairly, and also take into account the fact as to whether the petitioner could be continued in another post.
State of Bihar and Anr. 1990 Lab I. C. 1188 (S. C) and Swami Saran saksena Vs. State of UP 1980 Lab. I. C. 219 (SC ). It was argued that the respondents were bound to consider all the records fairly, and also take into account the fact as to whether the petitioner could be continued in another post. Inasmuch as the respondents did not see any of these factors, but merely used the opportunity to ease out the petitioner, the impugned order was vitiated. It was also arbitrary. ( 12 ) MR. Sudhir Kulshreshta, counsel for the respondent, on the other hand submitted that in the present case no malafides are attributed. The Review committee consisting of high officials i. e. Chairperson-cum-Managing director smt. Padma Ramachandran and the General Manager (Finance) recommended in its meeting held on 27. 12. 1991 after going through the character rolls and related papers as well as instructions of the Central Government felt that he is not fit to be retained in service for the reasons given in the recommendations. It is on this recommendations, the impugned order of compulsory retirement was been passed by the competent authority, which is based on its subjective satisfaction. It is well settled legal position that the competent authority/government/employer empowered and would be entitled to compulsorily retired a government employee or servant in public interest to weed out the inefficient, corrupt, the dishonest, or dead wood from government services. But the entire service record including the latest confidential reports have to be considered before taking such decisions. It is submitted that the impugned order is in accordance with the settled legal position is not available for interference by this Court. ( 13 ) IT was urged that the petitioner was promoted in routine firstly on the post of Accountant in November 1969 and this promotion was purely based on inter-se-seniority in the grade of Assistant. The next and the second promotion of the petitioner was also in routine and purely on the basis of inter-se- seniority on the grade or Accounts Officer in February 1978 and this promotion was also purely on the basis of inter-se seniority of the grade of Accountant. Both these promotions were routine promotions and not based on selection.
The next and the second promotion of the petitioner was also in routine and purely on the basis of inter-se- seniority on the grade or Accounts Officer in February 1978 and this promotion was also purely on the basis of inter-se seniority of the grade of Accountant. Both these promotions were routine promotions and not based on selection. During the period of the year 1968 and 1971, while the petitioner was on the grade of accountant, he was awarded the following adverse entries by the Deputy Chief accountant Officer:-"the accountant is professionally weak and needs much improvement and also has been delaying the submission of returns etc. and should put in hard work. "the entry was communicated, but accepted. It shows that the performance of the petitioner was unsatisfactory. Counsel disputes the petitioner?s contention that he was transferred to Regional Office, Jaipur, Solen, Pune, Patna, Agra for his efficiency, hard work and ability and capability are wrong. These transfers were made in the exigency of service. ( 14 ) COUNSEL submitted that adverse remarks were communicated to the petitioner in the year 1985, and his representation was rejected by the competent authority keeping in view the comments of the General manger (Finance ). No appeal against the decision was preferred. It was also contended that for the work for the year 1989, the petitioner was again communicated adverse entry, by memo dated 10. 09. 1990 and the representation was made against this entry was rejected. It was urged that the petitioner was scheduled to cross the efficiency bar but he was allowed to cross the efficiency bar only in the year 1988 on 13. 06. 1988 with effect from 01. 02. 1987. Counsel submitted that it is well settled that withholding of the efficiency bar and the integrity certificate for some years is sufficient material for pre-mature retirement. The character roll from 1982 onwards were as follows :-