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2011 DIGILAW 1026 (SC)

Yashwant Arjun More v. State of Maharashtra

2011-08-11

G.S.SINGHVI, H.L.DATTU

body2011
ORDER : 1. Leave granted in the special leave petitions. 2. These appeals are directed against the judgment of the Division Bench of the Bombay High Court whereby the writ petitions filed by the Appellants for issue of a direction to the Respondents to absorb them on Class-III posts were dismissed. 3. The Revenue and Forest Department of the Government of Maharashtra maintains the land records in respect of urban as well as agricultural lands. The land records include survey numbers of land, layouts and property cards. The Department also maintains records of transfers of ownership and possession of all immovable properties in Maharashtra. For making available certified copies of the property cards and other documents which are required to be supplied under the Maharashtra Land Revenue (Inspection, Search and Supply of Copies of Land Records) Rules, 1970, the Department employed unpaid candidates. They were not paid salary by the Government but were paid 70% of the amount collected from those, who applied for certified copies. The balance 30% used to be deposited in the Government treasury. 4. Shri Madan Vishwamber Desai, Secretary of Bhoomi Abhilek Vina-Vetan Karamchari Sanghatana, Maharashtra, an unregistered association representing about 150 persons filed O.A. No. 153/1991 before the Maharashtra Administrative Tribunal (for short, "the Tribunal") for issue of a direction to the State Government and its functionaries to regularise their services and pay them salary at par with regular employees by asserting that unpaid employees were continuously working and discharging the duties of regular employees. The Appellants, who were non-Petitioners before the Tribunal contested the application mainly on the ground that members of the association were not regularly recruited and were not paid salary and other benefits admissible to Government employees and, as such, they were not entitled to be regularised in Government service. 5. After considering the rival pleadings and arguments, the Tribunal partly allowed the application and issued the following directions: 1. Unpaid candidates who have put in more than 10 years of service should be given preference by relaxing their age for their absorption in Land Records Department if they fulfil the conditions of qualification and registration with the Employment Exchange in accordance with the orders issued by the Government vide Government Resolution Revenue and Forests Department dated 17.10.1978 without referring them to Regional Subordinate Selection Board. 2. 2. Unpaid candidates who have put in less than 10 years service but are overage should be given 3 more chances to apply to the Regional Subordinate Selection Board whenever the posts suitable to their qualification are advertised. 3. Unpaid candidates who are within age should be permitted to apply to Regional Selection Board or M.P.S.C. whenever posts suitable to their qualification are advertised. 4. Unpaid candidates should be selected for initial appointment from amongst the candidates sponsored by the District employment Exchange instead of entertaining direct applications and the condition that they shall be free to apply to Regional Selection Board or M.P.S.C. whenever posts suitable to their qualifications are advertised should be incorporated in the appointment order itself. 6. Special Leave Petition (CC No. 1794/1995) filed against the order of the Tribunal was dismissed by this Court on 14.7.1995 by recording the following order: Grossly delayed. The explanation is for from satisfactory. But even on merits, we see no reason to interfere. Hence dismissed. 7. Thereafter, the Government of Maharashtra (Revenue and Forest Department) issued G.R. dated 21.10.1995 for implementation of order dated 20.10.1992 passed by the Tribunal. After 3 years, the Settlement Commissioner and Director, Land Records, vide his letter dated 30/31.3.1998 issued instructions for terminating the services of unpaid employees who were not covered by the order passed by the Tribunal and G.R. Dated 21.10.1995. 8. Feeling threatened with the termination of their services, the Appellants, who had been engaged as unpaid employees between 1987 and 1992 filed writ petitions and prayed for issue of mandamus to the Appellants to absorb them against Class-III posts by contending that their case is similar to other unpaid employees in whose favour the Tribunal had passed order dated 20.10.1992 and the Government had issued G.Rs. dated 21.10.1995 and 22.10.1996. The Respondents contested the writ petitions on the ground that the Petitioners were not eligible to be considered for regular appointment because they were not having qualifying service of 10 years specified in G.Rs. dated 21.10.1995 and 22.10.1996. 9. During the pendency of the writ petitions, the State Government issued G.R. dated 10.3.2005 incorporating the decision taken by it on the issue of absorption of unpaid employees (non-salaried Copyists). dated 21.10.1995 and 22.10.1996. 9. During the pendency of the writ petitions, the State Government issued G.R. dated 10.3.2005 incorporating the decision taken by it on the issue of absorption of unpaid employees (non-salaried Copyists). Paragraphs 1 to 4 of that G.R. read as under: 1) In case of the non-salaried Copyists who have been continuously working for 10 years or more in Revenue Department, if they supply an application for a Grade-III post in the Revenue Department, Government is according approval to accommodate them in service on available vacant posts provided they should be holding educational qualifications prescribed for the post and have registered their names in the Employment Exchange and for accommodating them in service, the condition of age limit be relaxed. Also the condition of appointment through Selection Board/Selection Committee will not be applicable to them. 2) At the time of appointments of non-salaried Copyists as above, care should be taken that the reservations for backward classes in the Government service are not affected. By Government Resolution No. MC-1001/C. No. 29 (Part 6)/2004/Financial Reforms dated 1.7.2004, Finance Department has granted permission to fill open category posts. Therefore, subject to Finance Department's order dated 1.7.2004, action be taken to fill above posts. Similarly, while appointing non-salaried Copyists, instructions contained in General Administration Department's Government Circular No. COMP-1003/C. No. 59/2003/VIII dated 30.1.2004 should be taken into consideration. If the non-salaried Copyists belong to reserved class, they will be entitled to appointment on the reserved posts. 3) On non-salaried Copyists getting accommodated in Government service, the period for which they have worked as non-salaried Copyists will not be taken into consideration for the benefit of leave and pension or any other Government purpose relating to service. 4) This Government Resolution will be applicable from the date of issue. 10. The Division Bench of the High Court took cognizance of the three G.Rs., referred to the judgment of this Court in Secretary, State of Karnataka and Ors. v. Umadevi and Ors., (2006) 4 SCC 1 on which reliance was placed by the Respondents and allowed some of the writ petitions but dismissed those filed by the Appellants by observing that their cases are not covered by G.Rs. dated 21.10.1995 and 22.10.1996. v. Umadevi and Ors., (2006) 4 SCC 1 on which reliance was placed by the Respondents and allowed some of the writ petitions but dismissed those filed by the Appellants by observing that their cases are not covered by G.Rs. dated 21.10.1995 and 22.10.1996. In the opinion of the Division Bench, the Appellants were backdoor entrants and as such, they were not entitled to get the benefit of the policy framed by the State Government. 11. We have heard learned Counsel for the parties and carefully perused the record. It is not in dispute that as on 10.3.2005, all the Appellants had completed more than 10 years engagement. It is also not in dispute that due to non-constitution of the Staff Selection Board and non-holding of examination, the Appellants could not apply for regular selection. As on date, the Appellants have completed 19 to 24 years' service. Therefore, the ratio of the judgment in Secretary, State of Karnataka v. Umadevi (supra) cannot be invoked for denying them the benefit of policy contained in G.R. dated 10.3.2005. 12. In the result, the appeals are allowed, the impugned order is set aside insofar as it relates to the Appellants. 13. The Respondents are directed to take action for regularization of the services of the Appellants in accordance with G.R. dated 10.3.2005 and pass appropriate orders within a period of four months from the date of receipt/production of the copy of this order. The monetary benefits payable to the Appellants shall be paid to them within next three months. 14. Leave granted in the special leave petitions. 15. In terms of the signed order, the appeals are allowed, the impugned order is set aside insofar as it relates to the Appellants. 16. The Respondents are directed to take action for regularization of the services of the Appellants in accordance with G.R. dated 10.3.2005 and pass appropriate orders within a period of four months from the date of receipt/production of the copy of this order. The monetary benefits payable to the Appellants shall be paid to them within next three months.